Overtime owed could be in 10's of millions
TORONTO, June 5 /CNW/ - Lawyers from two renowned Canadian law firms, Roy
Elliott Kim O'Connor LLP (REKO) and Sack Goldblatt Mitchell LLP (SGM) are
announcing today a massive unpaid overtime class action suit against CIBC.
The action covers thousands of current and former non-management,
non-unionized employees of CIBC in Canada who are or were tellers or other
front-line customer service employees (limited to personal bankers, commercial
bankers and account executives) working at CIBC retail branch offices across
Canada (the "class members").
"This is the largest unpaid overtime class action ever launched in
Canada," said Douglas Elliott, Partner, Roy Elliott Kim O'Connor. "And if
successful it will result in the bank paying as much as tens of millions of
dollars in unpaid overtime to its lowest paid employees."
The representative of the class action is Dara Fresco, a CIBC teller who
has worked in more than a dozen CIBC branches across Toronto for nearly 10
years. Based on her own experience, she claims the unpaid overtime situation
is widespread at CIBC among non management employees.
"The average overtime I am required to work ranges from two to five hours
a week. Even though we complete time sheets, I am discouraged from recording
the extra time I in fact worked," she said.
"Banks are regulated by the Canada Labour Code which specifically states
that federally incorporated businesses may not require or permit
non-management employees to work beyond eight hours per day or forty hours per
week without paying overtime," said Louis Sokolov, Partner, Sack Goldblatt
Mitchell. "The law is very clear - non-management employees may not be
compelled or volunteer to work for free. The law is aimed at preventing
employers from using subtle or not so subtle pressure on their employees to
perform extra work for no pay. If they work beyond the legal hours they must
be paid overtime."
The statement of claim alleges that class members are assigned heavier
workloads than can be completed within their standard working hours. They are
required or permitted to work overtime to meet the demands of their jobs and
CIBC fails to pay for the overtime work in direct contravention of the
Canadian Labour Code under which they are regulated.
In order to facilitate affected CIBC employees across Canada joining this
class action, REKO and SGM are working with Camp Fiorante Matthews in British
Columbia, Chivers Carpenter Lawyers in Alberta, Kapoor Selnes in Saskatchewan,
Myers Weinberg LLP in Manitoba, Melançon, Marceau, Grenier et Sciortino in
Quebec and Pink Breen Larkin in Atlantic Canada. Employees will have access to
local counsel to determine whether they qualify to be a member of the class.
The law firms have also launched a web site www.unpaidovertime.ca and
phone number 1-888-687-2431 which allow other class members to register in
strict confidence to obtain more information about the class action.
In the coming weeks, a class action case management judge will be
assigned and a case conference will be held to set a timetable for the conduct
of the action.
For further information:
For further information: Susan Reisler, (416) 504-8464,
email@example.com; Rachel Thexton, (604) 609-6153,