Deborah Thorne v. College of the North Atlantic
Supreme Court Number 2013 06G 0131CP
THE CASE
The First Plaintiff, Deborah Thorne, contracted with the College of the North Atlantic (CNA) to teach at their campus in the State of Qatar and she did so from September 1, 2008, until November 22, 2011. Ms. Thorne is the representative Plaintiff for all class members within the Province of Newfoundland and Labrador.
The terms and conditions of her contract were the same as all others (approximately 600 plus Instructors and Instructors’ Support Staff) who contracted with CNA within the time frame referenced above. The Second Plaintiff, Alan Luyt, is the Representative Plaintiff for all class members who reside outside the Province of Newfoundland and Labrador and shares similar contractual history with CNA as Deborah Thorne.
The standard contract Ms. Thorne, Mr. Luyt and all the others signed contractually obligated CNA to pay them any incremental increases the State of Qatar paid.
The State of Qatar gave CNA a 12.25%if Cost of Living Allowance (COLA) for the benefit of their contract employees which was by its very nature, an incremental increase as referenced in the Terms and Conditions of the employee contracts.
It is alleged that CNA did not pay these monies as required and instead withheld/redirected the funds to satisfy other liabilities.
Ms. Thorne demanded her COLA from CNA and was denied. Because she was one of the many people in and outside the Province of Newfoundland and Labrador with the same claim, she was able to commence a Class Action to recover her COLA monies and by virtue of the nature of Class Action proceedings, she will in effect recover COLA monies for all other contract employees as referenced herein.
Ms. Thorne had her Class Action certified (authorized) by a Justice of the Supreme Court on August 19, 2014.
If Deborah Thorne is successful, all those who are entitled to the COLA will be identified and paid. Please provide your name, contact information and the years you were employed with CNA (Qatar) as an Instructor/Instructor Support Staff. This information will be held in confidence. People within the Province are automatically considered part of the Class Action, however, can opt out if they wish by completing and submitting the Opt Out Form, while persons outside the Province must opt in by completing the Opt In Form provided herein. Anyone who did not file an income tax return for 2014 as a resident of Newfoundland and Labrador must also opt in. Additionally, CNA provided us contact information of the potential class members and we will attempt to provide a copy of the court order and all related forms by either email, mail or both.
As to how much each person may recover will depend upon their salary and the amount of time they worked. We maintain that each employee is entitled to 12.25% of their base salary from September 1, 2008, to November 22, 2011 plus interest.
It is at this point important to illustrate why a Class Action is appropriate. Ms. Thorne would not or could not afford to fight this alleged injustice simply to recover the amount of her entitlement, however, because she will recover monies for all those entitled, it can cost effectively be advanced.
If the Class Action is successful, the amount of legal fees to be deducted from the settlement awards will be determined and must be approved by the Supreme Court of Newfoundland and Labrador. Under Class Action law in our Province, neither Ms. Thorne nor any other participant or claimant can be held responsible for costs if the Action is unsuccessful. As indicated above, Ms. Thorne and the others will simply receive their monies less a court approved percentage for legal fees and disbursements.
As indicated above, the Supreme Court of Newfoundland and Labrador has directed CNA to provide us with the contact information of all potential persons who may be entitled. Some of the contact information is dated and may not be accurate therefore we encourage all members of the Class to provide this information to their co-workers who may have entitlement.
A dedicated phone number (709-466-2267) is available to call, leave messages or make inquiries.
If you have not been contacted by the law firm of Hughes & Brannan by October 1, 2023, you can assume that our contact information for you was inadequate and we invite you to call. You can leave a message with your contact information.
As indicated above, people living within the Province of Newfoundland and Labrador are automatically within the Class unless you did not file a 2014 income tax return as a resident of Newfoundland and Labrador. If you did not file, you must opt in.
People living outside Newfoundland and Labrador simply have to opt in by completing the attached opt-in forms and sending to our firm by mail or email. Again, the amount payable to you will be determined based upon your specific contract.
The next step in the proceeding is now being arranged and every effort to move this matter to final disposition will be undertaken.
In an effort to move this matter forward, please complete the Class Action Questionnaire and mail or email the completed questionnaire to us (see Menu). Also included in the menu are the Opt-in and Opt-out forms.
We can be contacted by email at cnaq.classaction@gmail.com or by phone at 709-466-2267.
It is important to note that the primary information and guide to Class members is contained in the Notice of Certification to the Class (Notice) which will be provided to all. It is also accessible on this website (see menu). If at any time there is a contradiction between the website information and the Notice, the Notice information takes precedent.
James D. Hughes, K.C. Philip Whalen, J.D.
Lead Counsel Junior Counsel
Class Action CNA Qatar 