Settlement Agreement - Kestrel Workplace Legal Counsel LLP

No. S-110095 

VANCOUVER REGISTRY 

IN THE SUPREME COURT OF BRITISH COLUMBIA 

BETWEEN: 

AND: 

HERMINIA VERGARA DOMINGUEZ 

PLAINTIFF 

NORTHLAND PROPERTIES CORPORATION DOING BUSINESS 

AS DENNY'S RESTAURANTS, AND DENCAN RESTAURANTS 

INC. 

DEFENDANTS 

AND: 

FLORENCIO GALANG (a.k.a. FLOR GALANG), ELEADORA 

GALANG, and ROBELITA ORENSE (a.k.a. RHUBY ORENSE), 

collectively carrying on business as INTERNATIONAL 

CAREGIVER EMPLOYMENT 

THIRD PARTIES 

Brought under the Class Proceedings Act 

_____________________________________________________________________ 

SETTLEMENT AGREEMENT 

_____________________________________________________________________

Settlement Agreement 2 

WHEREAS a proceeding was commenced in the Supreme Court of British Columbia as 

a proposed class action pursuant to the Class Proceedings Act, RSBC 1996, c 50, 

bearing Vancouver Registry No. S-110095 (the “Action”); 

AND WHEREAS the Parties have reached an agreement to resolve the claims of the 

Plaintiff and of the Class Members, as memorialized in this settlement agreement (the 

“Agreement” or “Settlement Agreement”) which they believe is fair, reasonable and in 

the best interests of the Class Members; 

WHEREAS, Class Counsel believe that the claims the Plaintiff has asserted have merit; 

however, Class Counsel also recognize that: 

(a) it would be necessary to continue prosecuting the Action through a trial of the 

common issues and, even if successful there, through the series of possible 

appeals, and individual proceedings, all of which will delay substantially the 

Class Members' receipt of benefits from the Action; and 

(b) there are significant risks in this litigation, whose outcome is uncertain; 

therefore, balancing the costs, risks, and delay of continued litigation against 

the benefits of settlement, Class Counsel have concluded that settlement as 

provided in this Agreement is fair, reasonable and in the best interests of the 

proposed Class Members; 

WHEREAS, this Agreement was entered into after extensive arm's length discussions 

and negotiations between Class Counsel and Defense Counsel for the Defendants in 

July, 2011; and through a mediation with the Parties conducted by Mediator Mr. Donald 

Munroe, Q.C., in October, 2012; 

AND WHEREAS in order for the Agreement to be effective, the Agreement must be 

approved pursuant to section 35 of the Class Proceedings Act; 

NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of 

which are hereby acknowledged, the Parties agree as follows: 

Part 1. 

General Definitions 

1.1 “Action” means the certified class action commenced by Herminia Vergara 

Dominguez against Northland Properties Corporation doing business as Denny’s 

Restaurants, and Dencan Restaurants Inc., bearing Court No. S-110095. 

1.2 “Agreement” or “Settlement Agreement” means this settlement agreement. 

1.3 “Agency Fees” means fees paid directly or indirectly by Class Members to either 

International Caregiver Employment Agency or Luzern International Manpower Services 

Corporation.


1.4 “Approval Hearing” means the hearing for Approval of this Agreement. 

1.5 “Approval Judgment” means the day a decision is pronounced by the Court 

approving the Agreement. 

1.6 “Approval Order” means the Order entered by the Court approving the 

Agreement. 

1.7 “Arbitrator” means Donald Munroe, Q.C. 

1.8 “Auditor” means Crawford Class Action Services, 101 Randall Drive, Unit A., 

Waterloo, Ontario. 

1.9 “Settlement Approval Order” means the order approving the settlement, 

substantially in the form in Schedule “A”. 

1.10 “Claimant” means a Class Member who fills out a Claim Form. 

1.11 “Claim Form” means a form as set out in Schedule “B”. 

1.12 “Class Member” means all current and former employees of the Defendants as 

defined as “Class” or “Class Members” or “Non-Resident Class” or “Non-Resident Class 

Members” in the Order Made After Application by the Honourable Madam Justice 

Fitzpatrick dated March 5, 2012 and entered June 18, 2012 in this Action. 

1.13 “Class Counsel” means the law firms of Glavin Gordon Clements and Kestrel 

Workplace Legal Counsel LLP. 

1.14 “Class Proceedings Act” means the British Columbia Class Proceedings Act, 

RSBC 1996, c 50. 

1.15 “Defendants” means Northland Properties Corporation doing business as 

Denny’s Restaurants, and Dencan Restaurants Inc.. 

1.16 “Eligible Claimant” means a Claimant who meets the eligibility criteria set out in 

this Agreement. 

1.17 “Effective Date of the Settlement” or “EDS” means the first business day 

following the later of the expiry of the appeal period in relation to the approval of this 

Agreement or, if there are any appeals in relation to same, the disposition of those 

appeals by the appellate courts. 

1.18 “Employment” means a Class Member’s employment with the Defendants.


1.19 “Employment Standards Act” means the British Columbia Employment Standards 

Act, RSBC 1996, c 113. 

1.20 “ICEA” means International Caregiver Employment Agency. 

1.21 “Luzern” means Luzern International Manpower Services Corporation. 

1.22 “Notice Campaign” means notice in substantially the same form as Schedule 

“C” to this Agreement. 

1.23 “Notice of Proposed Settlement” means the provision of this Agreement and a 

Notice in substantially the same form as Schedule “D” of this Agreement. 

1.24 “Notice of Settlement Approval” means notice in substantially the same form as 

Schedule “E” to this Agreement. 

1.25 “Parties” means the Representative Plaintiff and the Defendants. 

1.26 “Release” means the form of Release attached as Schedule “F” to this 


1.27 “Representative Plaintiff” means Herminia Vergara Dominguez. 

1.28 "Settlement Fund For Agency Fees" means a fund to be funded by the 

Defendants in the amount of $300,000.00 for the payment of Agency Fees to be 

deposited “in trust” into the trust account of the law firm Glavin Gordon Clements. 

Part 2. 

Introduction 

2.1 Subject to Court approval as required by the Class Proceedings Act, the Parties 

hereby stipulate and agree that in consideration of the mutual covenants set forth in this 

Agreement and upon Approval by the Court, and as of the Effective Date of the 

Settlement, the Action shall be settled and compromised on the terms set forth in this 


Part 3. 

Application for Approval 

3.1 Application for Judgment: The Parties will submit an Application for Approval of 

this Agreement for consideration by the Court (the “Application”). 

3.2 Disclosure of List of Class Members: The Defendants will provide to Class 

Counsel an updated list of any and all potential Class Members, if such information has 

not already been provided to Class Counsel.


3.3 Notice to Class Members of Approval Hearing: Notice shall be provided as set 

out in the manner provided in paragraph 1 of Schedule “C” to the Agreement, and the 

content set out in Schedule “D” to the Agreement. 

3.4 Objections to Settlement: A Class Member who wishes to object to the fairness, 

reasonableness, or adequacy of the Agreement must deliver to Class Counsel by 

February 15, 2013: 

a. a statement of the objection setting forth the specific reasons, if any, for 

the objection, including any legal support that the Class Member wishes to 

bring to the Court’s attention; 

b. any evidence that the Class Member wishes to introduce in support of the 

objection; 

c. any grounds to support his or her status as a Class Member; and 

d. whether the Class Member intends to appear at the Approval Hearing. 

Class Counsel will deliver copies of any objections received to the Defendants at least 

two days prior to the Approval Hearing. 

3.5 Representation: Class Members may act on their own or retain counsel at their 

discretion and at their own expense. 

3.6 Right to Appear: Any Class Member may appear at the Approval Hearing to 

object to any aspect of this Agreement. 

3.7 Binding Effect: All Class Members shall be bound by all the terms of this 


3.8 Approval: At the Approval Hearing the Parties will request that the Court, among 

other things: 

a. approve the Agreement as fair, final, reasonable, adequate and binding on 

the Class; 

b. approve the payment of legal fees, taxes, disbursements and costs for 

Class Counsel; and 

c. order the Release of all Class Members’ claims pursuant to this 

Agreement; 

d. providing notice to Class Members of the Approval and direction on 

making a claim in substantially the manner set out in paragraph 3 of 

Schedule “C”, and in the content set out in Schedule “E”.


A draft form of Approval Order is attached at Schedule “A”. 

Part 4. 

Eligibility for Claim 

Hourly Shortfalls and Unpaid Overtime 

4.1 The Parties agree that each Class Member is entitled to 40 hours of work per 

week (except for Leo Baduria, Roland Martie Buno, Edgardo Fernandez, Rolando Ico, 

HwanYoung Kim, and Laurence Vibar, who are entitled to 37.5 hours per week), in each 

week for the duration of their Employment until such time as they left their Employment, 

calculated from a Sunday to Saturday of each week, and provided that they were 

available to work that number of hours in each week. 

4.2 Subject to paragraph 4.3, the Defendants shall pay any Class Member who 

received fewer than the stipulated number of hours of paid work in a week during their 

Employment the shortfall in hours between what he or she was entitled to work and the 

actual number of hours worked, paid at his or her usual hourly rate. For further clarity, 

there shall be no averaging between weeks. 

4.3 All instances, excepting vacation, in which Class Members limited their 

availability for work are set out in Appendix “A” (Dates Class Members Unavailable For 

Work). The Defendants shall provide a further Appendix “B”, listing those dates on 

which Class Members were unavailable to work due to scheduled vacations. Class 

Members’ eligibility for payment of hourly shortfalls are limited only to the extent the 

Class Members limited their hours as indicated in Appendix “A” and Appendix “B”. 

Documentation is required by the Defendants in any instance in which it is indicated in 

(a) Appendix “A” that a Class Member limited their availability after gaining permanent 

resident status and (b) Appendix “B” that a Class Member took vacation. In those cases 

the Defendants are required to provide supporting documentation to show that such a 

Class Member voluntarily limited his or her availability and the dates and extent of such 

a limitation. Such documentation shall be provided to Class Counsel by the Defendants 

before March 1, 2013, in the absence of which there shall be no limitation on availability. 

Except as indicated in Appendixes “A” and “B”, the Parties agree that all Class 

Members were available to work for the full number of hours guaranteed for each week 

of their Employment. 

4.4 Where a Class Member is shown to have limited their availability in Appendixes 

“A” or “B”, they may seek review for that under the Review Process. Should such a 

review proceed before the Arbitrator, the Arbitrator shall have discretion to award 

$250.00 in costs against the unsuccessful party.


4.5 Any Class Member who during their Employment worked overtime but was not 

paid for that overtime according to the Employment Standards Act shall be paid for that 

overtime according to the Employment Standards Act. 

4.6 The Defendants shall make the initial calculation of hourly shortages and unpaid 

overtime on the basis of primary payroll data showing the number of hours each Class 

Member worked on each day of their Employment in accordance with the above. 

4.7 The Defendants shall pay vacation pay and interest on any shortfall in hours and 

unpaid overtime, as calculated above, according to the Employment Standards Act and 

the court ordered interest rates on an annual basis referencing the year in which the 

payments were originally due. 

4.8 The Defendants shall provide the primary payroll data along with supporting 

documentation as referred to in article 4.3 and their initial calculations of the value of the 

hourly shortfall, unpaid overtime, vacation pay and interest for each Class Member to 

the Auditor and to Class Counsel. The Auditor shall perform an audit of the payroll, 

supporting documentation as referred to in article 4.3 and calculations performed by the 

Defendants to determine whether the Defendants have accurately and properly 

determined the amount of hourly shortfall, unpaid overtime, vacation pay and interest 

owing to each Class Member. If the Auditor requires further payroll or other 

documentation in order to fully and properly assess the amounts owing to the Class 

Members, such documentation shall be provided to the Auditor promptly, with copies 

provided to Class Counsel. 

4.9 The Auditor shall prepare a report of its audit detailing how it assessed any 

difference in the hourly shortfalls, unpaid overtime, vacation pay and interest owed to 

Class Members. 

4.10 In the event of a discrepancy between the determination of any hourly shortfalls, 

unpaid overtime and interest made by the Defendants and the Auditor, the latter shall 

prevail. 

4.11 Once the calculations for hourly shortfall, unpaid overtime, vacation pay and 

interest have been verified by the Auditor, the Defendants shall pay each Class Member 

in accordance with those calculations, unless Class Counsel brings a motion to the 

Court directing a change in the calculations within 14 days of the delivery of the 

Auditor’s report. The Defendants shall be responsible for making all statutory 

deductions and remittances that may be required. Class Members are entitled to such 

payments without having to fill out a claim form. 

4.12 The Defendants shall provide Class Counsel with verification showing the 

amounts paid to each Class Member, any deductions or contributions made, and how 

the payments were delivered. Class Counsel shall assist the Defendants in the event 

there is any problem in locating a Class Member.


4.13 Any dispute as to the meaning or application of these provisions shall be 

resolved by reference to the Arbitrator, the costs of which shall by paid by the 

Defendants. In the event that the Auditor is unclear as to the meaning or application of 

any of these provisions, this will first be referred to the Defendants and Class Counsel 

for clarification and, if there is a dispute, by directions from the Court. 

4.14 Any Class Member may appeal the determination by the Auditor in accordance 

with the Arbitration Process set out in this Agreement. 

Airfare 

4.15 All Class Members who have not already received such reimbursement will have 

their airfare costs to Canada reimbursed, except for the following Class Members 

Arachchilage, Nishantha; Baduria, Leo Antonio; Buno, Roland Martie; Ico, Rolando; and 

Koswattage, Dulip, whose entitlement to airfare to Canada will be determined by the 

Arbitrator with no right of appeal. Such reimbursement will be paid to the Class 

Members by payment to Class Counsel within 7 days of the determination of the 

Arbitrator. 

4.16 The Defendants will pay all return airfare for all Class Members, except for those 

who secure permanent residency or obtain employment with a new employer. Such 

payment will be made within 7 days of being presented with a proper receipt indicating 

the purchase of such return airfare. 

4.17 All airfare to be paid by the Defendants will be economy class or an equivalent 

service level. 

Agency Fees 

4.18 To be an Eligible Claimant for reimbursement for Agency Fees, a Class Member 

must sign the Claim Form set out in Schedule “B” which indicates that they paid 

Agency Fees directly or indirectly to either ICEA or Luzern or a combination of 

both to secure a contract of employment with the Defendants. A Claim Form from 

a Class Member must be received by Class Counsel within 30 days of the EDS in 

order for that Class Member to be eligible for any payment for Agency Fees. 

4.19 Distribution of the Settlement Fund for Agency Fees shall be administered by 

Class Counsel. The Defendants shall provide these funds to Class Counsel, to 

be held in trust, within 7 days of the EDS. 

4.20 Each Eligible Claimant shall be paid up to $10,000.00 from the Settlement Fund 

for Agency Fees as reimbursement for Agency Fees paid directly or indirectly to


either ICEA or Luzern, or a combination of both, to secure Employment with the 

Defendants. 

4.21 Class Counsel will distribute the Settlement Fund For Agency Fees to Eligible 

Class Members on a pro rata basis in proportion to the amount of the Agency 

Fees paid by the Class Member. 

4.22 If there are any funds left over after all Eligible Claims are paid out of the 

Settlement Fund For Agency Fees, the remaining funds will be equally distributed 

to all Class Members. 

Cy-Pres Payment 

4.23 The Defendants will make a $40,000.00 charitable donation to Migrante British 

Columbia and a $40,000.00 charitable donation to a children’s charity agreed to by the 

Parties within 7 days of the EDS. The Defendants will provide Class Counsel with 

confirmation of each donation. 

Part 5. 

Review Process – Hourly Shortfall, Overtime & Airfare 

5.1 A Class Member has 15 days from the date of receipt of payment of a claim for 

hourly shortfall, unpaid overtime, or for airfare to appeal the amount to the Arbitrator in 

writing using the “Appeal Form” at Schedule “G”. The Defendant shall be sent a copy of 

the Appeal Form, and shall have 15 days to make efforts to resolve the dispute with 

Class Counsel before the Arbitrator commences his work. 

5.2 The Arbitrator shall consider appeals based on the written material, unless the 

Arbitrator determines in his sole discretion that a hearing is required. If an oral hearing 

is ordered: 

(a) The hearing shall be no more than one day; 

(b) The Arbitrator shall make all reasonable efforts to conduct the 

hearing so as to avoid unnecessary expense, including the use of 

technology such as conference calls and videoconferencing rather 

than requiring the attendance of live witnesses; and 

(c) Class Counsel shall be entitled to attend and make submissions at 

all hearings. 

5.3 The Arbitrator shall make all reasonable efforts to render a decision within 30 

days of the receipt of the written material or the hearing, whichever is later. The Parties 

and the Class Member shall be advised of any decision.


Part 6. 

Expenses 

6.1 The Defendants shall pay all reasonable fees and expenses of the Auditor, 

Arbitrator, and all Notice costs. Any dispute as to the reasonableness of the fees shall 

be resolved by direction from the Court. 

Part 7. 

Administration 

7.1 Directions: Class Counsel, the Defendants, the Auditor and the Arbitrator shall 

be at liberty to seek directions from the Court on any aspect of this Agreement. 

Part 8. 

Class Counsel Fees 

8.1 Class Counsel may apply pursuant to section 38 of the Class Proceedings Act for 

approval of fees, disbursements and taxes. The Defendants take no position on fee 

approval. 

8.2 Approval of this Agreement is not contingent on any particular award for fees 

pursuant to paragraph 8.3, or approval of a payment to the Representative Plaintiff 

pursuant to paragraph 8.4. 

8.3 The legal fees, taxes and disbursements of Class Counsel, which Class Counsel 

would otherwise be entitled to seek and recover from the Class Members, shall be paid 

directly by the Defendants in the amount of $380,000.00 for past work and additional 

$30,000 on account of future work, plus taxes for legal fees, and up to $15,000.00 for 

disbursements (including taxes) within 7 days of the EDS. For clarity, if the proposed 

Agreement is approved, Class Counsel shall not seek to enforce any contingency fee 

arrangements previously agreed upon with the Representative Plaintiff as against the 

recovery by individual Class Members, and the amounts paid to each Class Member by 

the Defendants shall not be diminished or attached by any claim for legal fees and 

disbursements of Class Counsel or their experts and consultants. 

8.4 Class Counsel will apply to the Court to have the Representative Plaintiff 

compensated in the amount of $2,500.00 out of the Settlement Fund For Agency Fees 

prior to funds paid out of the Settlement Fund For Agency Fees. If approved by the 

Court, the $2,500.00 payment to the Representative Plaintiff will be made within 7 days 

of the EDS. 

Part 9. 

Release 

9.1 Upon fulfillment by the Defendants of its obligations under this Agreement, the 

Class Members shall be deemed to have provided a full Release in the form attached to


this Agreement as Schedule “F”. The Release shall operate as a full and final release of 

all claims that a Class Member has made or could make related to the Class Member’s 

recruitment, travel and employment with the Defendants as of the EDS. For greater 

certainty, Class Members shall be deemed to have provided the Release even though 

they have not signed a release form. 

Part 10. 

Continuing Jurisdiction 

10.1 The Court retains supervisory jurisdiction over this Agreement. The Court shall 

determine any disputes arising as to the interpretation or enforcement of this 


Part 11. 

Miscellaneous 

11.1 Drafts: Earlier drafts of this Agreement shall not be used as a guide to the 

interpretation of this Agreement. 

11.2 Communication: The Parties agree to coordinate and mutually agree on a media 

press release regarding this Agreement, paid for by the Defendants. The Parties agree 

not to disparage each other or their counsel regarding any issues covered by this 


11.3 Non-Admission of Liability: By entering into this Agreement the Defendants in no 

way admit any liability to the Representative Plaintiff or the Class Members, individually 

or collectively, all such liability being expressly denied. Rather, the Defendants enter 

into this Agreement to avoid further protracted litigation and resolve and settle all 

disputes with the Representative Plaintiff and the Class Members. The Parties 

understand and agree that neither this Agreement, nor the negotiations that preceded it, 

shall be used as evidence with respect to the claims asserted in the Action, the 

propriety of a class action, or in any other proceeding or dispute except to enforce the 

terms of this Agreement. 

11.4 Third Party Claim: Nothing in this Agreement shall prejudice the right of the 

Defendant to pursue the Third Parties for any amounts payable under this Agreement or 

otherwise. Class Members will provide reasonable cooperation to the Defendant in its 

pursuit of its Third Party Claim. 

11.5 Time: Time shall be of the essence in this Agreement. 

11.6 Cooperation Between The Parties: The Parties shall cooperate fully with each 

other and shall use their best efforts to obtain the Court’s approval of this Agreement 

and all of its terms. In particular, any media statements regarding this Agreement or the 

settlement of this Action shall be reviewed and approved by both Parties.


Schedule “A”: Approval Order 

No. S-110095 

VANCOUVER REGISTRY 

IN THE SUPREME COURT OF BRITISH COLUMBIA 

BETWEEN: 

AND: 

HERMINIA VERGARA DOMINGUEZ 

PLAINTIFF 

NORTHLAND PROPERTIES CORPORATION DOING BUSINESS 

AS DENNY'S RESTAURANTS, AND DENCAN RESTAURANTS 

INC. 

AND: 

DEFENDANTS 

FLORENCIO GALANG (a.k.a. FLOR GALANG), ELEADORA 

GALANG, and ROBELITA ORENSE (a.k.a. RHUBY ORENSE), 

collectively carrying on business as INTERNATIONAL 

CAREGIVER EMPLOYMENT 

THIRD PARTIES 

Brought under the Class Proceedings Act 

SETTLEMENT APPROVAL ORDER 

BEFORE THE HONOURABLE MADAME JUSTICE FITZPATRICK 

IT IS HEREBY ORDERED THAT: 

1. That the Agreement attached as Appendix “A” is approved as fair and 

reasonable.


2. That fees payable to Class Counsel calculated as follows are approved as fair 

and reasonable: 

3. The payment of $2,500 to the Representative Plaintiff pursuant to paragraph 8.4 

of Appendix “A” is approved. 

4. That all the opt out notices received in this matter are hereby deemed to be null 

and void. 

5. The Defendants’ claim against the Third Parties shall continue in the normal 

course. 

DATED at Vancouver, British Columbia, this _____ day of _____________, 2013 

______________________________


SCHEDULE “B” 

CLAIM FORM-AGENCY FEES 

Application Deadline: 

All completed Claim Forms must be either emailed, faxed or mailed so that it arrives at 

following address: 510-2695 Granville Street, Vancouver, B.C. V6H 3H4 by[date], 2013 for 

you to be eligible to receive compensation under the class action process. 

INSTRUCTIONS 

 

Please fill out all sections of this form in black ink. 

SECTION A – PERSONAL INFORMATION 

1. Name (Please Print): 

2. Current Mailing Address (Include City, Province and Postal Code): 

3. Telephone Numbers: 

Home: 

Cell: 

4. Email Address: 

5. Date of Birth: 

6. Social Insurance Number: 

7. Date you started at Denny’s: 

8. Date you ended work with Denny’s (if applicable):


SECTION B - AGENCY FEES 

1. Did you pay any money directly or indirectly to International Caregiver Employment 

Agency (“ICEA”) and/or Luzern International Manpower Services Corporation 

(“Luzern”) in order to secure employment in Canada with Denny’s under the Temporary 

Foreign Worker Program? 

Yes 

No 

2. If your answer is Yes, what is the amount of any money paid directly or indirectly to 

ICEA and/or Luzern in order to secure employment in Canada with Denny’s under the 

Temporary Foreign Worker Program? 

$__________________ 

SECTION D - DECLARATION 

I confirm that all of the information provided in this Claim Form is true, whether made by me or 

on my behalf. Where someone has helped me with this Claim Form that person has read to me 

everything they wrote to allow me to understand the content of this completed Claim Form and I 

confirm that information is true. 

I know that signing this Claim Form has the same effect as if I had stated the information 

contained in the Claim Form and accompanying the Claim Form under oath (or affirmation) in 

court. 

______________________________ 

Witness Signature 

(Witness must know you and watch 

you sign. Witness does not need to 

read your Claim Form) 

______________________ 

Claimant Signature 

___________________________ 

Print Name of Witness 

___________________________ 

Date (Day/Month/Year)


SCHEDULE “C”: Notice Campaign 

1. Plaintiff’s Class Counsel will post on the Kestrel Workplace Legal Counsel LLP 

website in electronic PDF format capable of being downloaded the settlement 

documents, pleadings, notices, claim form, contact information for Class Counsel. 20 

days before the date of the Court Approval Hearing, the Class Members will be notified 

through the “Notice of Proposed Settlement” as follows: 

a. Class Counsel will mail and email the “Notice of Proposed Settlement” and 

advise where to access the Settlement Agreement to the last known mail 

and email addresses of the Class Members. 

2. Within 7 days of Approval Judgment, the Parties may issue a mutually agreed 

joint press release announcing the Settlement. 

3. Within 7 days of Approval Judgment, Plaintiff’s Class Counsel shall: 

a. mail and email the “Notice of Settlement Approval” to the last known mail 

and email addresses of the Class Members. 

b. publish the “Notice of Settlement Approval” in the Philippine Daily Inquirer, 

in a size no less than 1/6 page; 

c. establish a link from the Kestrel Workplace Legal Counsel LLP website to 

the Approval Judgment and the Auditor’s website. 

4. The costs of the Notice Campaign will initially be borne by the Plaintiff and the 

Defendants will reimburse the Plaintiff for all costs of the Notice Campaign within seven 

business days after receiving copies of invoices confirming amounts expended.


SCHEDULE “D”: Notice of Proposed Settlement 

Denny’s Foreign Worker Class Action 

What is this about? 

A lawsuit was started against the Defendants, Northland Properties Corporation doing 

business as Denny’s Restaurants, and Dencan Restaurants Inc. (“Denny’s”) in January 

of 2011. The Supreme Court of British Columbia has certified that lawsuit as a class 

action: Herminia Vergara Dominguez v. Northland Properties Corporation doing 

business as Denny’s Restaurants, and Dencan Restaurants Inc., Supreme Court of 

British Columbia, Vancouver Registry No. S-110095. 

Your legal rights may be affected. The lawyers for both sides have made a deal that 

would provide compensation for certain foreign workers employed by Denny’s. The 

Supreme Court of British Columbia is being asked to approve the settlement as fair and 

reasonable in an upcoming hearing on March 1, 2013. 

Who is included in the proposed settlement? 

You have been sent this letter and/or email because you may be a member of the 

Class. The Class consists of all persons described below: 

All current and former employees of the Defendants in British Columbia for 

whom there is a positive Labour Market Opinion which allowed them to 

work in Canada under the Temporary Foreign Worker Program, on and 

after December 1, 2006 to June 13, 2012. (“Class” or “Class Members”) 

The Court also certified a subclass being: 

Class Members who are no longer residing in British Columbia as of 

March 5, 2012. (“Non-Resident Class” or “Non-Resident Class 

Members”) 

What does this mean for me? 

If you are a Class Member, your legal rights are affected. If the settlement is approved, 

you may benefit from any settlement, but you must give up your right to sue the 

Defendants.


What if I opted out? 

The court is being asked to void all opt out notices, in which case you will be entitled to 

participate in this settlement. 

Will the Court approve the proposed settlement? 

All aspects of the proposed settlement are subject to court approval. The court Approval 

Hearing will take place on March 1, 2013, 10:00 a.m. at 800 Smithe Street, Vancouver, 

BC. 

How much will I get? 

If the settlement is approved, you will get the following if the proposed settlement is 

approved: 

Eligibility for a payment for any Overtime wages owed; 

Eligibility for a payment for any Shortfall in Hours owed; 

Eligibility for an airfare payment to/from Canada; 

Up to $10,000.00 as reimbursement for Agency Fees paid directly or indirectly to 

either International Caregiver Employment Agency (“ICEA”) and/or Luzern 

International Manpower Services Corporation (“Luzern”) 

Do I have to pay anything out of my own pocket? 

No. The settlement proposes that the lawyers be paid $380,000 plus taxes and 

disbursements directly by the Defendant. The lawyers' fees have already been 

accounted for. You will not be billed. The British Columbia Supreme Court will be asked 

to approve the lawyers’ fees as fair and reasonable. The lawyers are also asking that 

Ms. Dominguez be paid $2,500 for her work in advancing this case. 

What options do Class Members have? 

 

 

Supporting the settlement – if you support the settlement you do not have to 

appear at the Approval Hearing. 

Objecting to the settlement – if you wish to appear at the Approval Hearing or 

object to this proposed settlement, you are asked to submit a written objection to 

Class Counsel no later than February 15, 2013. A Class Member who wishes to 

object to the fairness, reasonableness, or adequacy of the settlement must 

deliver to Class Counsel: 

o a statement of the objection setting forth the specific reason(s), if 

any, for the objection, including any legal support that the Class 

Member wishes to bring to the Court’s attention;


o any evidence that the Class Member wishes to introduce in support 

of the objection; 

o any grounds to support his or her status as a Class Member; and 

o whether the Class Member intends to appear at the Approval 

Hearing. 

I have other questions. 

For more information, visit http://www.ggclaw.com or http://www.kwlc.ca. If you still have 

questions, just contact the lawyers appointed by the Court to act for the Class: 

Charles Gordon 

Glavin Gordon Clements 

2695 Granville Street, Suite 510 

Vancouver, B.C. 

V6H 3H4 

Phone: 604-734-8001 

Fax number: 604-734-8004 

E-mail: info@ggclaw.com 

Christopher J. Foy 

Kestrel Workplace Legal Counsel LLP 



V6H 3H4 

Phone: 604-736-6010 

Fax number: 604-736-6069 

E-mail: info@kwlc.ca


SCHEDULE “E”: Notice of Settlement Approval 

Denny’s Foreign Worker Class Action 

What is this about? 

A lawsuit was started against the Defendants, Northland Properties Corporation doing 

business as Denny’s Restaurants, and Dencan Restaurants Inc. (“Denny’s”) in January 

of 2011. The Supreme Court of British Columbia has certified that lawsuit as a class 

action: Herminia Vergara Dominguez v. Northland Properties Corporation doing 

business as Denny’s Restaurants, and Dencan Restaurants Inc., Supreme Court of 

British Columbia, Vancouver Registry No. S-110095. 

Your legal rights may be affected. The lawyers for both sides have made a deal that 

would provide compensation for certain foreign workers employed by Denny’s. The 

Supreme Court of British Columbia approved the settlement as fair and reasonable. 

Am I included? 

You have been sent this letter and/or email because you may be a member of the 

Class. The Class consists of all persons described below: 

All current and former employees of the Defendants in British Columbia for 

whom there is a positive Labour Market Opinion which allowed them to 

work in Canada under the Temporary Foreign Worker Program, on and 

after December 1, 2006 to June 13, 2012. (“Class” or “Class Members”) 

The Court also certified a subclass being: 

Class Members who are no longer residing in British Columbia as of 

March 5, 2012. (“Non-Resident Class” or “Non-Resident Class 

Members”) 

What does this mean for me? 

If you are a Class Member or Non-Resident Class Member, your legal rights are 

affected. You will benefit from any settlement, but you must give up your right to sue the 

Defendants. 

How much will I get? 

You will get the following:


Eligibility for a payment for any Overtime wages owed; 

Eligibility for a payment for any Shortfall in Hours owed; 

Eligibility for an airfare payment to/from Canada; 

Up to $10,000.00 as reimbursement for Agency Fees paid directly or indirectly to 

either International Caregiver Employment Agency (“ICEA”) and/or Luzern 

International Manpower Services Corporation (“Luzern”) 

Do I have to pay anything out of my own pocket? 

No. The lawyers' fees have already been accounted for. You will not be billed. The 

Supreme Court approved the lawyers’ fees as fair and reasonable. 

How do I get my money? 

You will receive your money directly from Denny’s if you are owed any Overtime, 

Shortfall in Hours or Airfare. In order to receive any money for Agency Fees, you have 

to fill in a Claim Form. A copy of the Claim Form is attached. You must mail, fax, or 

email in the form to the following address by [date], 2013. 




V6H 3H4 

Phone: 604-734-8001 

Fax number: 604-734-8004 


I have other questions. 

For more information, visit http://www.ggclaw.com or http://www.kwlc.ca. If you still have 

questions, just contact the lawyers appointed by the Court to act for the Class:


Charles Gordon 




V6H 3H4 

Phone: 604-734-8001 

Fax number: 604-734-8004 


Christopher J. Foy 

Kestrel Workplace Legal Counsel LLP 



V6H 3H4 

Phone: 604-736-6010 

Fax number: 604-736-6069 

E-mail: info@kwlc.ca


SCHEDULE “F”: Release 

IN CONSIDERATION of the Defendants’ agreement to the terms of the Settlement 

Agreement, each Class Member DOES HEREBY RELEASE and forever discharge the 

Defendants, their officers, directors, agents, servants, employees, subsidiaries, affiliates 

and successors, of and from all manner of actions, cause and causes of actions, 

contracts, suits, grievances, complaints, debts, dues, sums of money, expenses, 

damages, costs, claims and demands of any and every kind in nature whatsoever, at 

law or in equity, or under any statute, previously existing or existing at the present time, 

including but not limited to the British Columbia Human Rights Code, and Employment 

Standards Act, by reason of or in any way arising out of or relating to the Notice of Civil 

Claim filed on January 7, 2011: 

a. the Class Member’s recruitment, travel and employment under the 

Temporary Foreign Worker Program; 

b. promises or representations made in connection with the Class Member’s 

employment with the Defendants, whether made before or after the 

commencement of the Class Member’s employment; and 

c. loss of position, status, future job opportunity, or reputation.


SCHEDULE “G”: Request for Appeal Form 

If you do not agree with your payment of either Overtime, Shortfall in Hours or Airfare 

Reimbursement, fill out this form and mail, fax, or email it within 15 days to: 

Arbitrator Donald Munroe, Q.C. 

HEENAN BLAIKIE LLP 

T 604 891.1155 

F 1 866 805.9340 dmunroe@heenan.ca 

1055 West Hastings Street, Suite 2200, 

Vancouver, British Columbia Canada V6E 2E9 

PLEASE NOTE: YOU DO NOT NEED TO PAY ANYONE TO COMPLETE THIS FORM 

FOR YOU. THE ARBITRATOR WILL ACCEPT THIS FORM IF YOU FILL IT OUT 

YOURSELF. 

1. Name (Please Print): 

2. Current Mailing Address (Include City, Province and Postal Code): 

3. Telephone Numbers: 

Home: 

Cell: 

4. Email Address: 

I believe that the amount of money I received for either Overtime, Shortfall in Hours or 

Airfare was wrong for the following reasons: 

Attach any documents you believe are helpful in supporting why you believe the amount 

of money was wrong 

Date: 

Signature: ___________________

APPENDIX “A” 

Dates on which Class Members Unavailable for Work 

ACERON, KENDRICK I 

2008 Called in sick Dec 2nd & 3 rd 

2009 Called in sick Feb 26 th 

Requested to leave early 3 hours Jun 2nd, 2.5 hours Jun 9th, 3.5 hours Jun 11 th 

Requested to leave 2.5 hours early Nov 10 th 

2010 Requested to leave 2.5 hours early Feb 25 th 

Requested to leave 1 hour early May 4th, 5th, 6th, 11th, 12th, 2.5 hours early May 15 th 

Requested to leave 1.5 hours early May 18th, 22nd, 2 hours early May 26th, 1.5 hours 

early May 15 th 

Requested to leave 2.5 hours early Jun 1st, 2 hours early Jun 5th, 1 hour early Jun 12 th 

Requested to leave 1 hour early Jun 18th, 19th, 22nd, 2 hours early June 22 nd 

Requested to leave 1.5 hours early Jul 3rd, 1 hour early Jul 15th 

Requested to leave .75 hours early Sept 2nd 

Called in sick Oct 29 th 

2011 Called in sick Jan 27 th 

AGUINALDO, MARILYN A 

2009 Started October 21 

Requested to leave 2 hours early May 10 th 

2010 Called in sick Feb 2 nd 

Requested to leave 2 hours early – Apr 1 st ; Emergency leave due to death in family Apr 

12 th for 4 weeks also time off for marriage 

[Pay period Jun 30] vacation and leave 2 hours early 

2011 April 15, 2011 pay period got PR and changed availability work limited hours

2 

Requested to leave 3 hours early Apr 25 th 

ALPAJORA, LUCKY LOUIE 

2008 Started July 22 

2009 

Requested May 30 th off to move 

Requested Aug 30, 31 off 

2010 Changed Province 

PR July 18, changed availability 

ARMADA, CHITO A 

2010 Requested to leave 3 hours early Apr 2 nd 

Requested to leave 3 hours early July 1 st 

ARNAIZ, JOENIVEL 

2010 May 15 sick 

Jun 15-18 th requested off 

October pay period – began second job and restricted availability 

[Pay period Nov 15-2010] Requested off (1 day?) 

2011 Mar 10 & 11 requested off 

April 23 rd requested off 

BADURIA, LEO A 

2010 Contract states 37.5 hours. Started April 23

3 

2011 Called in sick Jan 21 

2012 [Pay period 2012-Feb-15] One day not available and left early two days 8 hours 

[Pay period 2012-Jul-15] One day call sick, one ncns, one day sent home 

BAGA, IBARRA A 

2009 Started April 18 

Called in sick Sept 16 th 

2010 Called in sick Oct 9 th and 13 th 

2012 Requested to go home early 3 hours 

[Pay period 2012-Aug-15] missed one shift 

BORJA, RUFO M 

2009 Started June 6 

2010 Requested to leave 5.5 hours early Feb 16 th , 5.5 hours early Feb 23 rd due to illness 

Requested to leave 1 hour early Mar 10 th and 13 th 

Requested to leave 2.5 hours early May 26 th 

Called in sick Jun 18 th 

Called in sick Nov 16 th 

2012 May 15 pay period 4 days off, death in family 

May 31 pay period 4 days off, death in family 

August 15 pay period sick 1 days, went home early 3 days 

BUNO, ROLAND M 

2010 Contract states 37.5 hours – Started February 8 

Requested to leave 1.5 hours early Sept 4 th and 11 th 

Requested to leave 1.5 hours early Sept 18 th , 19 th , 25 th & 26 th

4 

Requested to leave 3 hours early Oct 10 th 

Requested to leave 1.5 hours early Oct 17 th & 18 th 

Requested off Nov 11 th 

Called in sick Dec 5 th 

CAMARILLO, JERRY J 

2008 Started December 2 

2009 Requested time off Apr 10 th to 25 th – Father passed away 

Requested time off Nov 26 th to Dec 10 th – visiting uncle in Winnipeg 

2011 Requested off Jan 3 rd , 4 th , 5 th and 6 th 

Requested off Feb 10 th & 12 th 

Requested to leave 2 hours early Feb 17 th , 25 th and 26 th 

June 15, 2011 – New contract states “up to 40 hours per week” 

CANLAS, JOSEPHINE R 

2010 January 15, 2010 – changed availability 

Apr 1 st – no call / no show, Apr 9 th sick, Apr 10 th no call / no show, Apr 12 & 13 th 

requested off 

Jun 6 th sick 

Jul 11 th sick, Jul 22 nd & 25 th sick 

Aug 7 th sick 

Sept 27 th requested off 

Oct 17 th & 25 th sick 

Nov 4 th & 6 th sick, Nov 20 th sick 

2011 Jan 28 th sick 

Feb 18 th sick

5 

Apr 7 th sick 

May 12 th sick, May 20 th sick 

Jun 22 nd sick 

CARPIO, ODEZA 

2010 Requested Feb 26 th off 

Jul 11 th & 12 th off 

CRISOLOGO, TAGUMPAY F 

Requested Sept 24 th off 

Requested Dec 22 nd off 

2008 Started August 21 

2010 Dec 23rd – requested to go home early 2 hours; Dec 30 th requested to go home early 1 

hour 

2011 Mar 12 th – requested to go home early 1 hour 

Apr 10 th , 11 th & 12 th requested off to renew passport 

May 23 rd – called in sick 

Jun 1 st requested to go home early – deduct 2 hours 

2012 (May 15 pay period) not feeling well, left early 

CRISOSTOMO, RUEL 

(July 31 pay period) called in sick, requested off for IELTS test 

(Aug. 15 pay period) requested off for move to Red Deer 

2010 Requested Dec 14 th off 

DEL ROSARIO, RYAN P 

2009 (Nov 15 pay period) called in sick for shift 

2010 Requested May 13 th and 14 th off to move (dates to be confirmed)

6 

May 13 th and 14 th called in sick 

Called in sick 2 shifts Jun 20 th & 21 st 

Requested to leave 1 hour early Jun 24 th 

Requested to leave 3 hours early Jul 5 th 

Requested to leave 4 hours early due to personal reasons Sept 3 rd 


Called in due to death in family Dec 24 th 

2011 late for shift 1 hour Feb 10 th 

Gave away his shift due to moving Feb 23 rd 

Called in sick Apr 4 th 

Apr 18 th – late 1 hour, Apr 25 th – late 1 hour, Apr 30 th – left 4 hours early due to personal 

reasons 

May 7 th – requested to leave 2 hours early, May 14 th – requested to leave 2 hours early 

Jun 8 th – requested to leave 2 hours early due to slow business 

Requested off Dec 14 th , Dec 7 th sick 

2012 Mar 10 th requested off 

DETABLAN, BENJAMIN 

May 15 pay period – called in sick 

May 18 th requested off 

June 11 – last day 

2009 Started March 13 

2011 Requested off Feb 16 th 

DOMINGUEZ, CHRISTOPHER C 

Jan. 15, 2011 salary 

DOMNGUEZ, HERMINIA V

7 

2009 Requested Oct 4 th off 

2010 January 15 pay period - Late 1 hour for shift 3 days in this pay period - deduct 3 hours 

Called in sick Jan 25 th 

Called in sick Mar 23 rd 

Called in sick May 3 rd 

Requested May 17 th & 26 th off 

Requested Jun 4 th off 

Requested Jul 29 th off 

Requested Oct 5 th & 6 th off 


Requested Nov 2 nd off and called in sick Nov 5 th 

December 15 pay period -- Late for shift .5 hours 

Called in sick Dec 18 th & 19 th 

2011 January 15 pay period -- Left work 4 hours early due to illness 

ENCARNACION, ROMAN 

Late 1 hour Jan 24 th 

Last day January 24 

2010 June 15, 2010 pay period – PR in June, 2010 - changed availability 

EVANGELISTA, RAMON 


FORTUNA, EMELITO O 

2010 Contract states 37.5 hours - Started April 13

8 

2011 June and July – 2 days sick and another 3 days sick 

Nov. 30 pay period -- Went home early – 3 hours 

December 15 pay period -- Wend home early – 2 hours 

2012 Jan – called in sick 2 days 

May – called in sick 2 days 

Jul – requested extra day off 

GERONIMO, CARLITO B 


2010 Requested Jun 21 st & 25 th off 

GULAR, JOANNE P 

2008 Started November 6 

PANGANIBAN, JOANNE PEARL LP 

2011 – June 30, 2011 pay period – Family joined and changed availability 

KHIENWEAWDEE, PANNIPA 

2006 Open work permit until March 3, 2008 

2008 Start date with Denny’s LMO – March 3, 2008 

2009 Requested to leave 2 hours early May 1 st 


Injured at work Jun 7 th - on WCB 

Called in sick Oct 6 th & 9 th 

2010 Requested Jan 21 st off for personal reasons 

Called in sick May 28 th 

2011 Requested Feb 7 th , 8 th & 9 th off for personal reasons

9 

KIM, HWAN-YOUNG 

2008 Started December 12 – open work permit 

2011 June 15, 2011 pay period – Contract states 37.5 hours 

2012 February 29, 2012 pay period – Salary 

ICA, ROLANDO 

2010 Contract states 37.5 hours 

Started February 24 

INGCO, JONELL 

2011 February 11, 2011 – Agreed to less hours in writing 

KOSWATTAGE, DULIP P. 

2008 Start date November 12 

2009 Oct 1 st – slept in – late ½ hour for shift 

2010 Feb 22 nd – left 2 hours off to visit with friends in Calgary & requested 2 days off for visit 

May 7 th – requested to go home early 1 ½ hours 

Jul 24 th – late for shift .25 hours 

Aug 1 st – late for shift 1 hour 

Aug 13 th – late for shift 1 hour 

Sep 26 th – went home sick 2 hours early 

Dec 13 th – late for shift, deduct .25 hours 

2011 Jan 26 th – late 3 hours 

Mar 19 th – requested to go home 2 hours early 

LIPARDO, FRANCIS 

2007 Started September 10

10 

2009 Requested to leave early 4.5 hours Jan 3 rd 


Requested to leave 1 hour early Jun 3 rd & 4 th 

2010 Requested to leave 2 hours early Feb 8 th 

Requested Feb 25 th & 26 th off 

Requested to leave 1 hour early Mar 1 st and requested to leave 6.5 hours early due to 

illness on Mar 11 th 

Requested to leave 5 hours early May 17 th due to illness, called in sick May 25 th 

Requested to leave 2.5 hours early Jun 7 th 

Requested to leave 3.5 hours early Aug 23 rd 

Requested to go home 3.25 hours early Oct 25 th and called in sick Oct 30 th 


LONTOC, GUILLERMO 

Called in sick Feb 25 th 

Called in sick May 11 th 

2010 Aug 22 nd & 23 requested off 

2011 May, 31 pay period – moved on personal request to Vancouver, has PR 

LOPEZ, RUDY R 


2010 Requested May 13 th to June 14 th off as father passed away 

Requested Jul 7 th & 8 th off 

2011 Requested Jan 8 th & 9 th off

11 

MAANO, MARIA M 

2009 Called in sick Aug 27, 28 & 29 th 

Pay period of Sep 15 th – not available for one day 

2011 Called in sick Jan 22 nd 

Called in sick Feb 15 th & 16 th 

Requested to leave 1.5 hours early Feb 22 and 23 

Sick leave March 22 to May 23 

May 31, 2011 pay period – PR changed availability 

MANAHA, VANESSA C 


2009 Requested Aug 11 th & 12 th off 

Requested shift off (1 day in Sept) 

Requested off – Oct 20, 21, 27 & 28 

2010 Requested Apr 21 st off 

June 15, 2010 pay period – hours removed 

MANIAGA, MARY ANN 


2010 May 15, 2010 pay period – PR 

MARTINEZ, KRISTINE I 

2008 Started October 2

12 

2009 Called in sick May 21, 22, 23 & 24 th (required surgery) 

MATEO, PAMELA C 

2009 Called in sick Sep 8 th & 10 th 

Requested Sep 17 th off 

Requested Oct 11 th off 



Requested off Dec 20 th & 26 th 

2011 Requested Jan 30 th off 


November 15 pay period – changed availability 

MORENO, NICHOLI 

2008 Start August 12 

2010 Requested Jul 11 th off (s/b Jan 11th ?? – see below – needs clarification) 

Requested Jul 11 th off 

August - PR received 

Requested Nov 16 th & 17 th off 

MUDALIAR, SACHIDA K 


Requested to leave .5 hours early Jul 28 th 

Called in sick Aug 3 rd & 4 th 

2009 Called in sick Apr 27 th

13 

Called in sick May 23 rd 

Called in sick Aug 30 th 



2010 Called in sick Apr 8 

Allowed work permit to lapse, not able to work July 16 to Nov. 16 

2011 January 7 – restricted availability 

Called in sick Mar 7 th & 8 

MUSNGI, JOSEPH B 

2008 Started December 11 

2010 Requested Sep 7 th off 

Requested Sep 14 th to start late – deduct 3 hours 


Requested Nov 12 th off 

Requested to leave 2 hours early Nov 18 th & 22 nd – deduct 4 hours 

Called in that he could not make it to work Dec 19 th 

2011 Called in sick May 28 th 

2012 May 31, 2012 pay period – work permit expired but still working 

NAINAR, RAMALINGAM R 

2008 Started June 24 

2009 Called in sick Jun 12 th 

2010 Called in sick Jun 2 nd 

Called in sick Jun 23

14 

Allowed visa to expire, not able to work for 112 days 


OBCENA, DENNIS B 

2009 Requested Apr 16 th off for family event 

2010 Left November 22, 2010 

OPINA, JAMES D 


2010 Requested Oct 8 th off 

2011 Requested Jan 6 th off 

2012 Work permit expired but still working 

PANGANIBAN, GLENDA L 

2009 Started May 27 

2012 July 15 pay period -- Requested extra day off 

PAPIO, MERVIN ATIENA 

PARAISO, RAYMOND D 

2007 Started September 17 

2009 February 28 pay period -- Requested to leave 2 hours early on a day 

Requested to leave early 2.5 hours Jun 19 th , 1 hour each day on Jun 27, 28 & 29th and 2 

hours on Jun 30 th (total deduction of 7.5 hours) 

Requested to leave early 2.5 hours Jul 2 nd 


Requested to leave early 5.5 hours due to illness on Dec 9 th 

2010 Requested to leave early 1 hour on Feb 22, 27 & 28 (deduct 3 hours)

15 

Requested off Mar 18 th and called in sick Mar 21 st (deduct 16 hours) 

Requested to leave 1 hour early on May 17 th 

Requested to leave 1 hour early on Jul 21 st 

Requested Sept 24 th off and to leave one hour early on Sept 25 th (deduct 9 hours) 

Requested off Oct 19, 20 and 21 st (deduct 24 hours) 

October 27, 2010 – received landed immigrant status 

2011 March 15, 2011 – new contract with no hour limitation 

PEREZ, ERWIN 

2009 Requested to leave 1 hour early on Nov 1, 4 – 8, 12 – 14 (deduct total 9 hours) 


2010 Called in sick Apr 22 nd 

Requested to leave 2.5 hours early Oct 23 rd 

RAMIREZ, ROMEO C 

2010 January 2010 – restricted availability 

2012 January 31, 2012 pay period - salary 

RESURRECCION, PAOLO S 

2009 Sick on Jan 10 th 

Sick on Jul 20 th 

Sick on Dec 11 th 

2010 Sick on Sept 16 th 

October 2010 PR – restricted availability 

Sick on Nov 13 th 

December 31 pay period – quit

16 

2011 August 15 pay period – came back part time no contract 

REYES, ALFREDO G 



2011 March 15, 2011 pay period - PR 

October 31, 2011 - salary 

REYES, MARIA G 

2007 Started September 7, Contract #1 states 8 hour maximum – 5 days a week 

2008 July 28, 2008 – Contract #2 states “shall work 40 hours per week” 

2009 April 30, 2009 pay period did not return to work on scheduled return from vacation – 2 

days late (deduct 16 hours) 


ROMERO, CESAR A 

July 1, 2010 - end of employment 

2011 Requested off Jan 1, 4 & 5 th 

SALAZAR, CHARO C 

Requested May 14 th & 25 th off – deduct 16 hours 

Requested May 16 th to 22 nd off due to personal reasons – deduct 56 hours 

2008 Started October 2 

2010 Called in sick Nov 30 th 

2011 Late for work 1 hour on Jan 25 th 

Called in & unable to attend shift Mar 2 nd 

Called in sick Mar 25 th

17 

Called in sick May 2 nd 

Called in sick May 21 & 22 

Later for shift 1 hour on Jun 10 th 

Left early Jun 22 nd – deduct 4 hours 

Requested Aug 27 th off 

Requested Nov 16 & 17 off 

Requested to leave early on , and requested Dec 3 off – 11.5 hours deducted 

2012 Requested to leave early on Feb 13 th , and requested Feb 1 off – 10.5 hours deducted 

Requested to leave early Feb 28 th 

March 31, 2012 – permit expired – still working 

SALES, ALFREDO 


2009 Car accident – hours were restricted by the accident from May 14 to July 29 

2010 Pay period August 15, 2010 – terminated 

SAMSON, JEFFREY V 

2010 Requested to leave 2 hours early on Jan 1 st 

Requested to leave 2 hours early on Apr 1 st 

(July 15 pay period) Requested one day off for personal reasons no date 

2011 Called in sick Jan 23 rd 


2012 February 15, 2012 – permit expired 

SELVARAJ, KALAIARASAN 

2009 Sick Jan 17 & 18 

Sick Apr 3 rd

18 

Sick Dec 9 th 

Sick Dec 21 st 

2010 Sick May 12 th 

Sick Jun 2 & 3 

Sick Jul 29 th 

Sick Aug 4 th 

Sick Sep 22 nd 

Sick Oct 20 th 

Sick Dec 22 nd 

2011 May 15, 2011 pay period working another job and has restricted availability 

Sick Jun 2 nd 

SINFUEGO, DANILO 

2008 Started August 12 

2010 December 31, 2010 pay period - quit 

SREEDHARANKARTHA, DILIP K 


2010 Work permit expired – no schedule from July 20 – September 4 

2011 Sept 15 pay period requested extra day off (deduct 7.5 hours) 

July 2011 PR status 

2012 May 15 pay period returns P/T, but quit 

SUMAGUE, JONA A 

2009 Started January 21 

2011 Requested Jan 2 nd off

19 

TAN, OLIVER C 


2010 Feb 24, 25 & 26 th requested off 

TERAN TREJO, M 

TORRES, REY E 

Apr 21, 22 & 23 rd requested off 

May 23 rd requested off 

June 3, 2010 - PR 

November 30 pay period - quit 

Note that the spreadsheet records hours from Jan. 2012. We know he worked for Denny’s 

from much earlier. 

2009 Started January 16 

2010 Nov 20, 21 & 27 th requested off 

Dec 3 rd requested off 

2011 Jan 29 th requested off 

TUYAY, MARLON P 

Feb 24 th requested off 

Apr 2 nd requested off 

May 31 restricted availability due to personal reasons 

Jun 27 th – called in for personal reasons (8 hours deducted) 



2009 Called in sick Jun 17, 27 & 29 th 

Requested to go home early 4 hours Jun 30 th due to illness

20 


Requested to leave early 1.5 hours on Apr 9 th 

Requested to leave early 1.5 hours early May 4, 7; 2.5 hours early May 8; 3.5 hour early 

May 14 (deduct 9 hours total) 

Requested to leave early 1 hour on Jun 4 – 8, 14 – 15 (deduct 7 hours total) 

Requested to leave early 1 hour on June 18 – 20; 1.5 hours early on Jun 22; 1 hour early 

Jun 27 – 29 (deduct 7.5 hours total) 


Requested Dec 7 th off 

2011 (Jan) Requested to leave 2.5 hours early 

VARGAS, WILMER G 

March 15, 2011 – new contract signed – no minimum hours 

(Jun) Requested sick 1 day 

(Nov) Requested sick 1 day 


2012 Sick May 27 th 

VELASCO, JOSEPH A 

2010 Called in sick Jun 7 th 


2012 (Feb) Called in sick 1 day 

(Feb) 2 days request early – deducted 6 hours 

VERNONA, AMALIA 


2010 Requested Arp 22 nd off 

Requested Oct 5 th off

21 

Requested Dec 21 st off 

2011 Requested March 15 – April 30 off but returned to work on April 16 

June 15, 2011 PR received – contract states 8 hours max 

VIBAR, LAURENCE 

2010 Contract states 37.5 hours 

Called in sick Feb 14 th 

Requested to leave early 2 hours Mar 26 th 

Requested to leave early 1 hour Apr 1 st 

Requested to leave early 2 hours May 28 th 


Requested to leave early 1 hour Jun 27 th 

Requested to leave early 3 hours Jul 9 th 

Requested off Aug 17 th – deduct 8 hours 


2011 Called in sick Mar 12 th 

2012 (Jan) sick call – 1 day; and feet swollen – sick day 

(Mar) sick call – 1 day 

WATTANAWONGSAWANG, RATTAPONG 

2009 Started on open permit 

Requested to leave early 3 hours Jun 19 th 

Called in sick Sep 30 th 

Called in sick Nov 6 th & 10 

2010 May 15 pay period -- 5 Day suspension for using profanity with a customer 

August 15, 2010 – new contract, moved to Denny’s LMO

22 

2011 Called in sick Mar 3 rd 

June 15 pay period – received PR , requested time off for family matters

Settlement Agreement - Kestrel Workplace Legal Counsel LLP

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