Court Approves Unique Overtime Class Action Settlement

Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here. Banks have been the primary focus of the class action claims, but more recently claims against a transportation company have also been brought forward. While individual overtime claims are generally not substantial, the claims can balloon when a representative plaintiff claims unpaid overtime not only for themselves but on behalf of colleagues as well.

Background

Cindy Fulawka (Fulawka) was employed at various Bank of Nova Scotia (BNS) branches and held various positions such as Personal Banking Officer and Account Manager. In 2007, Fulawka, acting as a representative plaintiff, claimed $250 million in general damages and a further $100 million in punitive damages on behalf of approximately 15,000 individuals.