CT-2007-006 COMPETITION TRIBUNAL IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER of an inquiry under subparagraph 10(1 )(b)(ii) of the Competition Act relating to certain marketing practices of Premier Career Management Group Corp. and Minto Roy; t] AND IN THE MATTER of an application by the Commissioner of Competition for an order under section 7 4.1 of the Competition Act;
r]·· ~· BETWEEN: ] THE COMMISSIONER OF COMPETITION ll and [] PREMIER CAREER MANAGEMENT GROUP CORP. ~1 and MINTO ROY ~] ~] AFFIDAVIT OF BRUCE NICKSON ~] I, BRUCE NICKSON, 1603-1021 Harwood Street, Vancouver, British Columbia, SOLEMLY J AFFIRM AS FOLLOWS: 1) My date of birth is April 16, 1952. ~] 2) I have an Arts Degree, with honors in English from Dalhousie University, Nova Scotia. l] 3) I presently work at lnternex as a program manager. This company is involved in international recruitment of workforce for various companies in Western Canada.
COMPETmON TRIBUNAL TRIB CONCURIENa p "It 1 0 l I E u D Applicant. I - lEGISTlAIRE T lco~ Respondents.
2 4) I first learned about Premier Career Management Group ("PCMG") in or about December 2004 through an ad in the Vancouver Sun that said that "PCMG is now accepting resumes from quality candidates in a variety of areas: executives, managers, sales & marketing professionals". Since I was out of work at that time, I sent my resume to PCMG by e-mail.
5) I received a call from a representative of PCMG and was invited in for an interview. I believed I was getting this interview because PCMG was an employment recruiter or a head-hunter. I believed that companies would contact PCMG if they had positions to fill and that my cv would be referred to senior decision makers.
6) On or about December 13, 2004, I attended a preliminary interview with a PCMG sales consultant, Sean Hamilton. I believed that the purpose of this interview was to review my qualifications and to measure them up against the qualifications sought by employers working with PCMG. During this meeting, Sean Hamilton asked me questions about my employment situation, career goals and salary expectations.
7) After attending the interview with Sean Hamilton, Minto Roy himself called me, congratulated me on being selected into the program and invited me to meet with him. During this meeting:
a) Minto Roy told me that I had been selected to work with PCMG and I got the impression that not all individuals are selected to become PCMG clients;
b) Minto Roy made specific promises about the type of services offered by PCMG;
c) Minto Roy told me that my resume would be distributed amongst the many companies connected with PCMG, that PCMG had many contacts to connect him to, that this would lead to me having job interviews; and that he would have no problem finding me a job within 6 - 10 weeks. I specifically mentioned lntrawest, and Minto Roy also suggested Vancouver Olympic Organising Committee and Electronic Arts as likely candidates for employment;
dj Minto Roy told me that the new position would offer a salary of at least $60,000 per year. He knew that I had been earning $54,000 per year in a previous job;
e) Minto Roy added that once I was employed with a company, I would have to inform PCMG about job vacancies in that company. He said that this is how they develop their network of contacts.
8) On December 15, 2004, I entered into a contractual agreement with PCMG. The reasons why I entered into contract with PCMG were the verbal representations of
3 Minto Roy. I paid $3975 up front, with the remainder to be paid afterwards. I never paid the balance. I attach a copy of this contract as Exhibit "A" of my affidavit.
9) Prior to signing the contractual agreement with PCMG, I did have the opportunity to review the contract. At the time, I was hopeful that PCMG would circulate my resume to their many contacts and that I would ultimately land a job within 60 days.
10) I began working with a PCMG Career Advisor, Alanna Fero. She instructed me on resume building. After 2 or 3 meetings, I noticed that Alanna Fero became very disinterested in working with me. Since signing on with PCMG, I did not receive any employer contacts as promised by Minto Roy.
11) Approximately 5 or 6 weeks after starting with PCMG, I abandoned PCM G's services as I saw no results. I thought PCMG would contact me, but they did not.
12) In April 2005, I attended a meeting with Minto Roy, Alanna Fero and Norma Axford-Couch on behalf of PCMG, and a group of 7 complainants who were dissatisfied with the services provided by PCMG. The group requested refunds, but Minto Roy refused.
13) In or about November 2005, I filed a claim against PCMG and Minto Roy to claim for the full amount that I paid. Another complainant, Mr. Warren, also filed a claim that proceeded before mine, and was successful. Based on the decision he got in his case, I settled out of court with PCMG and Minto Roy for approximately $3800 which included capital, interest and court fees.
Bruce Nickson Solemnly affirmed before me in Vancouver, British Columbia on September JO , 2007.
This is Exhibit "A" of the affidavit of Bruce Nickson solemnly affirmed before me in Vancouver, B.C. on September 10, 2007.
≠ A2ad<l Lori Watts
PCMG PREMIER CAREER MANAGEMENT GROUP 700 West Georgia St., Suite 2920, Vancouver, B.C. V7Y 1C6 Tel: 604-609-6661 Fax: 604-609-2638
PROFESSIONAL CAREER DEVELOPMENT SERVICES Premier Career Management Group (PCMG) agrees to provide the following services:
Phase I - Preparation 1. Conduct Functional Self-Analysis and Objective Setting; 2. Establish realistic short-term goals and identify suitable positions; 3. Explore career o tio · · 4. D resume and Proactive Profile; evelop a marketing plan between you and the advisor to generate appropriate referral and job interviews; 8. Conduct advance preparation to sharpen job interviewing and negotiating techniques. Phase II - Managing the Market Campaign 1. Provide one-on-one consultations with your career advisor to evaluate and monitor your overall marketing plan, strategy and progress; 2. Assist in reviewing and assessing job offers; 3. Advise on effectively negotiating salary and benefits.
Phase III - Plan for the Future 1. Conduct follow-up review approximately 90 days after starting new position to develop a program for intra-company advancement toward long-range goals; 2. Provide consultation, as needed, concerning organizational, political and interpersonal skills related to
career advancement; 3. Re-start the marketing campaign in the event of a job loss or need to change employers, career fields or
industries.
Client Satisfaction Guarantee We at Premier Career Management Group are committed to providing quality services to our clients and mentoring them through a process reflecting the principles of our founder that will help them understand the past and grow into the future. Accordingly, we have established measures to ensure value and satisfaction to our clients.
Three-Year Commitment. In order to achieve the maximum benefit from our service, we ask our clients to report all information with integrity, act on recommendations and requirements made by the PCMG consulting staff, follow the PCMG process, and initiate contact with their career advisor at least once every two weeks until they have made an acceptable career decision. Client understands that PCMG will make its services available, without restriction as to time, until client has accepted a position. The client may also call upon PCMG for further assistance in the development of his/her career for a period of three (3) years from the date of this agreement. From time to time, you may be assigned to a new advisor. Reasons may include: a more improved client-advisor match, advisor relocations, client relocation or simply an advisor leaving the employ of Premier Career Management Group. Having other advisors can be a benefit, offering you additional professional career counseling perspectives. In each instance, however, Premier Career Management Group wJlj, taiJ<e every reasonable action to assure the continuity of your search throughout this transition period. __ ~ Client Initials
Client Satisfaction Reports. In its commitment to provide a world-class career management service and achieve the results clients expect, Premier Career Management Group needs your help. Periodically, you will
be asked to complete Client Satisfaction Reports and provide important feedback. It is important that you be candid with your comments. Your candor enables us to monitor your progress and ensure we are meeting or, _ mo _ re _ _ pre feraqly, ~xceeding Y?Ur expe~~tions. We fu_rt:her w_ant yo.u to feel comforta~le to ~iscu_ss any concer~qife<jtly wrth your advisor who 1s rn the best positron to 1mmed1ately address a particular s1tuat1on. ..,,,___ {]-"' Client Initial Client Acknowledgments. Client acknowledges and agrees that n,either PCMG, nor any representative of PCMG, has represented or implied to Client that PCMG is an employment or placement agency. Client understands that PCMG provides a full program of career consulting, career development, and contact development, which the client implements. Further, Client acknowledges and agrees that PCMG has not, nor has any representative of PCMG, induced Client to enter into this engagement by implication, representation or guaranteeing to Client: (a) specific interviews with specific companies or individuals, salary, or time frame to obtain a new position or promotion, (b) any verbal promises that are not part of the written agreement (c) salary or wages increase, bonus programs or other increased remuneration, ( d) your employer or a future employer will pay or reimburse you for the fees you have paid to PCMG. Client has received a copy of the "List of Services" and PCMG online services and understands that all directions will be implemented in the search. Client also understands that the major emphasis will be on developing his or her network since the majority of positions are found through this method. The fee for services is broken down into three (3) parts as follows: 75% of fee attributed to Phase I, as outlined; 15% of fee attributed to Phase II, as outlined; 10% of fee attributed to Phase III, as outlined. Fee~subject to adjustment or proration based on the number of meetings or hours spent with the client. lient Initials This instrument constitutes the sole and only Agreement of the parties hereto with respect to the matter covered by this Agreement, and correctly sets forth the rights, duties, and obligations of each to the other as of this date. I hereby acknowledge that I have read and received a copy of this Agreement.
Total Fee: Retainer: Balance Due: .......--._f4e_. L _U_u_~_' __,, _...,._Payable as Follows: ? /) ,-- ;? .j· ..., - . / ,,.,..,.--..,:;i-·- . z,: - --J---~ 99~ j:'~C.-/l!'-v'i'f:? d/' _ Tl~ /¥'k,.- - :,,.Wx ..JIU,., SJc.'1 ·ChtC" 'li,,~ · f/1H~ '77J" Date l:k-- (5 /Y Y Print Full Name ______ Tel.# 6tJ4 · 5sq-Cf?ctS _,_-"-'=-',.._~...:;...;;;.---=--'----Address bD 3 -/) Start Date/Time ---""~----....,__ ___._ A7_1-- _Career Advisor ___A _·_ ,_k,_/'_'c1_· _,..,,_. ___ PCMG Revised 11/04
r--PCMG ·Premier Career Management Group
.;·· .... . BRUCE NICKSON
Three Year Care~.~. ~.d.:Y<!ti-G ' ~ ~~~ ram ,,... ( $6,800.00 '···-..: ~--c·::i::~::=; $_~;~·~::~~~;~00.00 d .. and payable m9 0 days "·after .ac.c.eptaJ1.c€---of pos1t10n pr~:wided thatjh~~-ge.w-- osit10n has an annual base income. ~fat 1~ast $~0,0b0.00. lf the annua~ base income is less .than $60,0?0.00, no additional tee-.w1ll. be· due and the retamer of $5,300.00 will be considered
payment in full for our services. If the company agrees to pay the fee, the fee of -.P $6,800.00 will be charged regardless of the income package yo have accepted. PCMG will refund your retainer after receipt of $6,800.00 fro . e company with which you have accepted your career position. .-PCMG Client **Note: As a convenience to our clients, we offer the opportunity to make full payments, through MasterCard, Visa, American Express and Debit.
**Note: Price subject to 7% GST