Law suit is third national class action against a federally regulated
company in nine months
TORONTO, March 25 /CNW/ - Law firms Sack Goldblatt Mitchell LLP ("SGM")
and Roy Elliot O'Connor LLP ("REO"), co-lead counsel on the CIBC and
Scotiabank unpaid overtime class actions, announced today a third unpaid
overtime class action against the Canadian National Railway Company ("CN").
The lawsuit, in Toronto, Ontario, is brought by Michael McCracken, a CN
"first line supervisor", on behalf of over one thousand present and former CN
first line supervisors across Canada.
The lawsuit alleges that CN misclassified first line supervisors as
management employees in order to escape its obligations to pay overtime under
the Canada Labour Code. The lawsuit further alleges that CN first line
supervisors across Canada are routinely required to work hundreds of hours of
overtime annually for which they are not paid.
The allegations in the statement of claim have not been proven in Court.
No statement of defence has been filed by CN.
"The Canada Labour Code requires federally regulated corporations,
including CN, to pay overtime to their non-management employees", said Louis
Sokolov, partner, Sack Goldblatt Mitchell LLP. "Employers are not permitted to
simply call someone a manager to avoid their obligations under the Code."
"This is the third major unpaid overtime national class action against a
federally regulated company that has been brought in Canada in nine months",
said Douglas Elliott, partner, Roy Elliott O'Connor. "Unlike the others, this
one alleges misclassification of employees as management, a common feature in
U.S. cases but a new development in Canada."
SGM and REO are working with Chivers Carpenter lawyers in Alberta and
Melançon Marceau Grenier Sciortino in Quebec to ensure that employees in
Western Canada, Ontario, and Quebec/Eastern Canada have access to local
counsel to determine whether they qualify to be a member of the class.
Further information about the class action can be obtained at
www.unpaidovertime.ca and via a toll free number: 1-888-687-2431.
For further information:
For further information: Douglas Elliott, (416) 362-1989, firstname.lastname@example.org;
Louis Sokolov, (416) 979-6439, email@example.com; Michael Cohen, (514)