Employment Law

No commission pay for some Hudson’s Bay staff: Lluc Cerda with the Toronto Star

employment-lawyer-Lluc-Cerda

Interview Summary

As Hudson’s Bay continues to manage its liquidation and remaining stores, the retailer has informed employees it will soon eliminate commission-based pay for all sales associates. The change to the payment structure has angered Unifor and led to questions concerning employee rights and constructive dismissal amidst creditor protection.

Lluc Cerda, an employment lawyer and Managing Partner at Samfiru Tumarkin LLP, spoke with The Toronto Star about the rights of Hudson’s Bay employees.

Interview Notes

  • Right to change or reduce pay: Cerda noted that Hudson’s Bay cannot impose such a change without approval. “Taking away a substantial portion of income unilaterally is not something that they have the right to do unless the employee consents.”
  • Next steps for Unifor and employees: “The union’s grievance will proceed through arbitration, and if the grievance is deemed valid, the collective agreement will be enforced, and the commissions will be honoured,” Cerda explained.

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