What is the test for certifying a wrongful dismissal action as a national class action?
Ontario, Canada
The following excerpt is from Webb v. 3584747 Canada Inc., 2005 CanLII 27387 (ON SCDC):
On June 14, 1999, the motion judge certified the former employees’ action for wrongful dismissal as a national class action, with the common issues being: (a) Whether class members’ contracts of employment required the defendant to provide them with reasonable notice of termination, and /or pay in lieu of notice, if dismissed without just cause; and (b) whether the class members were so dismissed. See Webb v. K-Mart Canada Ltd. (1999), 1999 CanLII 15076 (ON SC), 45 O.R. (3d) 389 (S.C.J.).
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