Vacation and holiday pay: Hunt v. United Parcel Service Canada Ltd. (Ontario proceeding; national class)

The lawsuit is against United Parcel Service Canada Ltd. (“UPS Canada”). The plaintiff is a non-unionized employee of UPS Canada.

The plaintiff claims that UPS Canada failed to pay vacation and general holiday pay on bonuses to him and other non-unionized employees who receive Sales Incentive Plan (“SIP”) and Management Incentive Plan (“MIP) bonuses in accordance with the requirements of the Canada Labour Code. The plaintiff further claims that, by failing to do so, UPS Canada also failed to calculate pension entitlements for him and eligible employees in accordance with the pension plan.

The plaintiff claims that UPS Canada’s conduct was (a) in breach of employment contracts and the pension plan, (b) negligent, (c) in breach of trust, and (d) unjustly enriched UPS Canada.

The plaintiff started the lawsuit in August 2025 in Toronto on behalf of a proposed class of non-unionized employees across Canada. The plaintiff will be bringing a motion to ask the court to allow the case to proceed as a class action.

The proposed class is defined as:

All individuals who (a) were and/or are employees of UPS, (b) were and/or are not members of a bargaining agent, and (c) received amounts under the UPS Sales Incentive Plan and/or the UPS Management Incentive Plan.

A copy of the statement of claim is available on the documents tab on this website. For more information about the case or if you believe you are a class member, please contact the lawyers acting for the plaintiff at UPSClassAction@paliareroland.com.