This claims administration website was updated on Monday August 30, 2021
PLEASE READ THIS ENTIRE UPDATE
BEFORE REVIEWING THE STATUS OF YOUR CLAIM AND CONTACTING OUR OFFICE.
All cheques to Class Members who provided their Date of Birth and Social Insurance Number
as of Friday August 6, 2021 have been processed and mailed.
Based on our experience with our other claims administrations, mail delivery has been slower than pre-Covid levels.
If you provided your SIN number prior to Friday August 6, 2021, your cheque was mailed out. It was mailed to the address that you inserted on your Administration Form in the portal when you submitted your Administration Form or subsequently updated accordingly.
If you provided your Date of Birth and Social Insurance Number after Friday, August 6, 2021, your Relative Share payment and T-4 will be sent in October 2021.
Please note we attend our post office box every Friday afternoon. If an Class Member’s cheque is returned, we will notify that Class Member the following Monday and take steps to resend the cheque to the correct address.
If cheques are to be reissued, (not the cheques that have been returned to the post office) this will not occur until October to allow more time to unfold just in case more Class Members need to have cheques reissued. This will occur at the same time we mail the cheques to Class Members who did not provide their SIN number as of August 6, 2021.
Based on our experience, it is still early in the process. It is our experience that the mail is slower than pre-Covid levels. We mail out tens of thousands of cheques every year and at times it may take weeks for Class Members to receive the cheque or months before the cheque is returned to our post office.
Please understand and appreciate that once we mail the cheque, we have no control as delivery is in the hands of Canada Post. Cheques are sent by regular mail in an individualized envelope with the appropriate postage and hand-delivered to the Canada Post central mailing facility in Toronto.
If you do not receive your cheque by the end of September, please send us an email to and we will make arrangements to make sure you receive your Net Relative Share.
Please note that we are not sending cheques nor payments to Class Members who have yet to provide their Date of Birth and Social Insurance Number. We require this information to be able to issue the required T-4 (not T-4A) slip pursuant to Canada Revenue Agency (CRA) requirements and in compliance with the court-approved Distribution Protocol. For Class Members who provided their Social Insurance Number and Date of Birth after Friday, August 6, 2021, we will be mailing their Relative Share payments in September, 2021. Please note that we requested this information in your Notification Letter.
T-4 slips will be mailed within thirty (30) days of August 9, 2021, as required by CRA, to all Class Members who have their Relative Share payment mailed as of August 6, 2021. Please note that we have consulted with tax advisors and Class Counsel and have been advised to issue a T-4 and not a T-4A as stipulated in the Distribution Protocol.
Please note that we have deducted the CPP, EI and income tax deductions from the amount of your Relative Share payment and will be remitting this on your behalf pursuant to the requirements imposed by Canada Revenue Agency (CRA) and in compliance with the court-approved Distribution Protocol. This will be indicated in the letter portion of your cheque.
Pursuant to the Distribution Protocol: i. Confirmation of Membership in Class
19. The amounts paid pursuant to this settlement are income and the Claims Administrator shall deduct/remit employee and employer portions of CPP, EI and income tax, and prepare T4A forms as necessary. The Defendant is not responsible to withhold any amounts. The Claims Administrator and each member of the Class are responsible for any tax or other amounts payable and will indemnify the Defendant for any liability in this regard.
For Class Members who live outside Canada, we are making special arrangements for payments. If you have not already communicated with our office, please email us at . If you have not contacted our office directly to make special arrangements, the net Relative Share will be sent by e-transfer.
CLAIMS ADMINISTRATION UPDATE AS OF AUGUST 30, 2021
How do I update my address?
If you have moved since you completed and submitted your Administration Form, please log into your claims profile in the online claims administration portal at https://portal.flightcentresettlement.com to update your mailing address.
Can you pay me the withholding taxes so I can pay them at when I file my taxes?
The Claims Administrator is legally required to submit the withholding taxes to CRA pursuant to the Court Order and by CRA (Canada Revenue Agency).
Why is my payment different from my colleagues? Why are my Weighted Weeks lower than my Total Weeks?
The calculation of your Relative Share is in accordance with the Court-approved Administration and Distribution Protocol (“Distribution Protocol”). In particular, the value of each week worked within the Class Period is determined in accordance with the formula set out in the court-approved Distribution Protocol and explained in further detail below.
The reason for the differential between Class Members’ Relative Share is the multiplier for the Post-limitation period on or after February 21, 2017.
Pursuant to the Administration and Distribution Protocol, Section “A” DEFINITIONS
(f) Post-limitation period means any time worked in the Class Period on February 21, 2017 or thereafter;
(g) Pre-limitation period means any time worked in the Class Period prior to February 21, 2017;
Time worked in the Pre-limitation period will be discounted by 75% relative to time worked Post-limitation period to account for the two-year statutory limitation period.
Therefore, a Class Member who more worked weeks in the Post-limitation period will get more "Weighted Work Weeks" compared to a Class Member who worked mostly in the Pre-limitation period.
The Claims Administrator, Trilogy Class Action Services, consulted with Class Counsel (your lawyer in this Class Action) and they have provided a further explanation with regards to the calculation of your Relative Share. There explanation is as follows:
“The formula set out in the court-approved distribution protocol discounts the value of weeks worked during the class beyond the two-year limitation period (from December 1, 2008 to February 20, 2017) by 75% relative to weeks worked within the class within the limitation period (from February 21, 2017 to November 12, 2020, which is the period from two years prior to the filing of the claim until the date of certification and settlement approval).
The relative weight given to these two time periods reflects the fact that there was a significant legal risk that the claim for damages for any time prior to February 21, 2017 would have been statute barred and class members would not have been entitled to any payment for this time if the case proceeded to a hearing on the merits.
The formula in the court-approved distribution protocol also values the weeks worked within the class at different levels depending on the province in which a class member worked. These variations reflect the fact that this case was a claim for unpaid overtime, and the different provinces in the class have different weekly overtime thresholds.
In particular, eligible employees are entitled to overtime pay in British Columbia, Saskatchewan, Newfoundland and Manitoba for hours worked above 40 hours per week, eligible employees in Ontario and Alberta are entitled to overtime pay for hours worked above 44 hours per week, and eligible employees in Nova Scotia are entitled to overtime pay for hours worked above 48 hours per week.
In addition, given the unique statutory exemption for commissioned salespeople in British Columbia, the value of each week worked in British Columbia was discounted by 65%. These differing values reflect the differences in the legal strength of the claim for damages for each week worked as well as differences in the likely value of damages for each week worked.
The formula for calculating the value of each week worked within the class is set out in full detail in the court-approved distribution protocol. A link to the distribution protocol is available here: https://www.flightcentresettlement.com/docs/Flight-Centre-Distribution-Protocol.pdf.”
The calculation is also described in items 16 and 17 in the Administration and Distribution Protocol and as shown here in Table 1.
Three (3) out of every four (4) Administration Forms needed to be amended. We amended 1,512 of the 2,033 Administration Forms approved. We received a total of 2,178 Administration Forms.
The 1,512 Class Members had their Administration Form “amended” because the Administration Form submitted had Employment History that was inconsistent with the Employment History provided by the Defendant on the Class List.
In the Notification Letter package we emailed Class Members, we provided PDF copies of the Administration Form the Class Member submitted and an Administration Form based on the Employment History provided by Flight Centre. This should allow Class Members to easily discern the amendments made to their Administration Form.
Why were my Weeks of Service Reduced?
PLEASE NOTE THAT THE JOB TITLE “TEAM LEADER” IS AN UNQUALIFIED POSITION FOR EMPLOYMENT HISTORY IN THE ACCUMULATION OF TOTAL ACTUAL WEEKS OF SERVICE and TOTAL WEIGHTED WEEKS OF SERVICE. THIS MAY BE WHY THE NUMBER OF WEEKS WERE REDUCED IN THE ADMINISTRATION FORM.
“Team Leaders” are in a managerial position and not a part of the Class. Team Leaders were never a part of the Class and time worked as a Team Leader is not time within the Class and eligible for compensation. These individuals would be free to pursue individual claims for this time if they wished as the release does not apply to this time since it is not a part of the Class. The class action settlement does not affect Team Leaders one way or another.
PLEASE NOTE THAT TIME INSERTED IN THE ADMINISTRATION FORM PAST NOVEMBER 12, 2020 WAS AMENDED TO NOVEMBER 12, 2020 AS THAT IS THE LAST DAY OF THE CLASS PERIOD. THIS MAY BE WHY THE NUMBER OF WEEKS WERE REDUCED IN THE ADMINISTRATION FORM.
“Class Period” means December 2008 to the date of certification –December 1, 2008 to and including November 12, 2020.
Many of the dates inputted surpassed the end of the “Claims Period” of November 12, 2020 and need to be adjusted. These amendments will be detailed in the Notification Letter package.
Paid Notice due to Mass Termination
If you were a Class Member subject to the mass termination on September 30, 2020, please note that the Claims Administrator accepted Paid Notice as part of a Class Member’s employment history in the calculation of the “Total Actual Weeks of Service” and thus the “Total Weighted Weeks of Service” up to and including the end of the Class Period of November 12, 2020.
Many Class Members have rightfully included their Paid Notice time into their employment history. We are accepting Paid Notice as part of a Class Member’s employment history in the calculation of the “Total Actual Weeks of Service” and thus the “Total Weighted Weeks of Service” up to and including the end of the Class Period of November 12, 2020. This benefits these Class Members as it increases their “Relative Share”.
Key Terms and Definitions
“Amended” means you are a Class Member and your Administration Form has been approved but the dates of your employment history have been corrected by the Claims Administrator.
“Approved” means you are a Class Member and your Administration Form has been approved by the Claims Administrator.
“Claim Fund” means the Settlement Amount remaining after deductions in respect of Class Counsel Fees, Class Counsel Disbursements, Administrative Holdback, Representative Plaintiff Honorarium, and Holdback for Taxes.
“Class” means all current or former Travel Consultants employed by Flight Centre in the Provinces of Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Nova Scotia and Newfoundland, for the period from December 2008 to the date certification is granted in this action (November 12, 2020).
“Class Member” means Travel Consultant, Future Team Leader, Travel Manager and/or Reservation Specialist in any of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia and/or Newfoundland at any time between December 2008 and November 12, 2020.
“Class Period” means December 2008 to the date of certification – December 1, 2008 to and including November 12, 2020.
“Notification Letter” means the letter, email or text message provided to each Class Member describing their Relative Share of the Claim Fund as determined by the Claims Administrator.
“Relative Share” means the proportion of the Claim Fund that an individual Class Member will be entitled to.
“Withholding Rate” means the amounts deducted from the Relative Share for remittance to CRA pursuant to paragraph 19 of the Distribution Protocol.
- 10% on amounts up to and including $5,000
- 20% on amounts over $5,000 up to and including $15,000
- 30% on amounts over $15,000
The above rates are a blend of federal and provincial. Class Members may have to pay extra tax on these amounts when they file their income tax and benefit returns.
A reminder of the qualifications as a Class Member.
If your job title was one of the following:
- Travel Consultant,
- Future Team Leader,
- Travel Manager and/or
- Reservation Specialist
in any of the following provinces:
- British Columbia,
- Nova Scotia and/or
- Employed with the Flight Centre between December 1, 2008 and November 12, 2020 -“Class Period”;
- You must complete and submit the ADMINISTRATION FORM by no later than March 12, 2021;
- Name must be on CLASS LIST – no supporting documentation is required if Class Member is on Class List;
- If name not on CLASS LIST, Claimant must provide supporting documentation;
It is important that Class Members and Claimants check the website at https://flightcentresettlement.com and/or log into the online claims administration portal on a regular basis for updates in regards to the claims administration and their individual Claim Form in the online claims administration portal at https://portal.flightcentresettlement.com.
How do I get more information?We are here to help! If you have any questions or require further information about this class action, please complete this form and submit. We will respond within 24 to 72 hours.
Please see the contact page of this website for contact information for Class Counsel.