Class action denied in CIBC overtime suit

Common employer or similar harm not sufficient to fulfil criteria needed for class action: Court
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 10/13/2009

The Ontario Superior Court of Justice may have put a damper on the recent spate of class action overtime suits when it dismissed a motion for certification of a class action in Fresco v. Canadian Imperial Bank of Commerce in June. This decision has not only provided further guidance as to what is required to meet the commonality aspect of certification requirements, but also offers insight for future actions involving unpaid overtime and the difficulties that may be encountered by employees trying to obtain such certification.

In Fresco, the Canadian Imperial Bank of Commerce (CIBC) overtime policy required employees to obtain approval from their manager prior to working any overtime, unless there were extenuating circumstances making pre-approval impossible. In those circumstances, the employees would then obtain approval after working the overtime hours.