A class action has been commenced against the Canadian Imperial Bank of Commerce (“CIBC”) for its failure to pay employees for overtime. Class Members will be represented by Dara Fresco, a CIBC teller who has worked for CIBC for approximately 10 years in various branches across Toronto.
The Statement of Claim alleges that class members are assigned heavier workloads than can be completed within their standard working hours and are required to work overtime to meet the demands of their jobs.
The Statement of Claim also alleges that the failure to pay overtime contravenes the Canada Labour Code regulations.
In order to assist CIBC employees across Canada joining this class action, REO and SGM are working with the following Canadian law firms:
Camp Fiorante Matthews Mogerman (British Columbia);
Chivers Carpenter Lawyers (Alberta);
Kapoor Selnes (Saskatchewan),
Myers Weinberg LLP (Manitoba);
Melançon, Marceau, Grenier et Sciortino (Quebec);
Pink Breen Larkin (Atlantic Canada).
A website has also been set up at www.unpaidovertime.ca. Current and potential Class Members can obtain additional information and updates through the website, or by telephone at 1-888-687-2431.
UPDATE: January 22, 2011
The Ontario Court of Appeal has granted the motion for leave to appeal the judgement of the Divisional Court dismissing the appeal from Justice Lax’s refusal to certify the action.
It is anticipated that the appeal will be heard in late 2011.
UPDATE: June 18, 2009
The Ontario Superior Court of Justice released it’s decision with respect to certification on June 18, 2009.
The Court was not satisfied that there was sufficient evidence of systemic wrongdoing and was further of the opinion that the claims of the class members were not sufficiently common to permit the case to proceed as a class action. In particular, the court rejected the argument that the issue of the legality of the CIBC overtime policy was common to all class members and the resolution of the issue would substantially advance the litigation. The court found that the remaining criteria for certification had been met.
For more information please contact Lise Carmichael, Paralegal.
To access the court documents, click on the link below: