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ARTICLE · 28 APRIL 2020

Bank Liable In Canada's Largest Unpaid Overtime Class Action

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After more than a decade of litigation in Fresco v Canadian Imperial Bank of Commerce, the Ontario Superior Court of Justice ("ONSC") ...

CanadaEmployment and HR
Paul Boshyk
Paul Boshyk
Kyle Lambert
Kyle Lambert
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After more than a decade of litigation in Fresco v Canadian Imperial Bank of Commerce,1 the Ontario Superior Court of Justice ("ONSC") has found CIBC liable for requiring or permitting uncompensated overtime to be worked, and for failing to accurately record all hours worked, by front-line bank employees.

Background

The litigation commenced when Dara Fresco, the representative plaintiff, brought a proposed class action against CIBC for unpaid overtime in 2007. The plaintiff also alleged that CIBC had acted in bad faith. The proposed class was comprised of 31,000 current and former non-management, non-unionized front-line bank employees who worked for CIBC between February 1993 and June 2009.

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