Security Guards in Employment Insurance Limbo Without Documents, Lawyers Say
A legal battle is unfolding as security guards who previously worked for the City of Toronto find themselves unable to claim employment insurance benefits due to missing critical documentation. The Taylor Mergui Law Group is preparing to file an injunction on Monday, demanding that One Community Solutions, a former city contractor, issue records of employment that are allegedly nearly a month overdue.
Injunction Seeks to Unlock Benefits for Workers
The injunction, part of a $32-million class-action lawsuit, alleges that One Community Solutions has failed to provide records of employment to most class members. Without these documents, workers are effectively locked out of the employment insurance system, preventing access to benefits such as skills development programs, wage subsidies, and in some cases, subsidized housing.
"Without ROEs, class members are locked out of the employment insurance system," states the legal document from Taylor Mergui Law Group. The firm describes the refusal to issue records as "the final act in a sustained pattern of exploitation."
Community Safety Teams at the Center of Dispute
The affected workers were part of community safety teams deployed by the city to locations associated with homelessness, including shelters, warming centers, and subway stations. Their duties included:
- Collecting and safely disposing of discarded hazards such as used needles
- Intervening in conflicts and breaking up fights
- Administering naloxone in overdose situations
The class-action lawsuit alleges numerous labor law violations against One Community Solutions, including failure to pay overtime wages and delayed paychecks. The lawsuit names multiple defendants:
- The City of Toronto
- Toronto Transit Commission
- One Community Solutions
- Company founder Damion Dunston
- Several allegedly affiliated individuals and entities
Personal Impact on Workers
The human cost of this documentation crisis is illustrated through individual cases. Hasab Elbeili, a Sudanese immigrant with government experience in his home country, worked for One Community Solutions from July 2023 until the city contract ended on January 30. In an affidavit to be filed with the injunction, Elbeili describes working well over 100 hours in two-week periods without receiving overtime pay.
"Throughout my employment, OCS repeatedly failed to pay me on time," Elbeili alleges. The financial strain became so severe that he struggled to pay rent and buy adequate meals, eventually resorting to riding public transit without paying fare—an experience he describes as "humiliating" when confronted by enforcement officers.
Currently stranded outside Canada visiting displaced family in Qatar, Elbeili cannot return to Toronto without employment insurance support. "Returning to Toronto without resources would mean arriving with nothing and no realistic means of surviving there," his affidavit states.
Contract Termination and City Response
The City of Toronto terminated its contract with One Community Solutions on January 30, following reports that the Ministry of the Solicitor General had ordered the company to stop employing unlicensed security personnel. The company confirmed mass terminations of community safety team members on February 2.
Despite incorporating only in 2020, One Community Solutions secured approximately $40 million in contracts with the City of Toronto, plus additional agreements with third-party entities managing Toronto's shelter system. The company also provided similar services in Simcoe County.
The City of Toronto has declined to comment on matters related to One Community Solutions while litigation is pending, but stated: "The city remains committed to ensuring the social services provided by CSTs continue to be available and is taking steps to address any potential gap in services left by the contract termination."
Broader Implications for Worker Rights
This case highlights systemic issues in contract employment relationships, particularly when public services are outsourced to private companies. The missing records of employment represent more than bureaucratic oversight—they constitute barriers to essential social safety nets for vulnerable workers.
As Elbeili poignantly states in his affidavit: "What I am asking this court for is the ability to breathe. A timely and accurate ROE would give me enough stability to stop surviving day to day and start thinking about what comes next."
The injunction hearing scheduled for Monday will determine whether One Community Solutions must immediately provide the missing documentation, potentially unlocking employment insurance benefits for dozens of former security contractors who served Toronto's most vulnerable populations.
