Judge certifies suit against Denny’s

A B. C. Supreme Court judge on Monday certified a $ 10- million class action lawsuit against the company that owns Denny’s restaurants, moving more than 70 temporary foreign workers a step forward in their claim that their employer abused short- term employees.

Justice Shelley Fitzpatrick certified the suit against Northland Properties Corp. and Dencan Restaurants, the companies that operate Denny’s outlets.

“A class proceeding will substantially advance this litigation in terms of an overall resolution of the common issues which addresses the need for judicial economy in its approach,” Fitzpatrick wrote in her decision.

“In addition, recognizing the vulnerable situation in which these temporary workers find themselves, a class proceeding will provide the access to justice that they require in an environment that will be of assistance to them.”

The workers allege the employer breached employment contracts, cheating them out of full weekly shifts and overtime pay, and not reimbursing travel, recruitment and processing fees.

Lawyers for the group say Alfredo Sales, a foreign worker who raised the issue of the contract breaches with Denny’s management, was abruptly fired and forced to return to the Philippines.

“A separate decision by the director of employment standards found that Denny’s had illegally terminated Mr. Sales because of his complaints,” Charles Gordon and Christopher Foy said in a news release issued Monday.

Gordon said he hopes the certification will “pave the way for other groups of temporary foreign workers to effectively and economically enforce their rights.”

Brent Armstrong, marketing director for Denny’s Canada, could not be reached for comment Monday night.