Appeal denied in CIBC unpaid overtime lawsuit

By Staff, with files from The Canadian Press | February 9, 2022 | Last updated on February 9, 2022
1 min read

An Ontario court has denied CIBC’s appeal to overturn a decision in a class-action lawsuit about overtime pay for employees.

In 2020, the Ontario Superior Court found the bank liable for breaching its overtime obligations to a class of about 31,000 current and former bank tellers, personal bankers and other front-line workers in branches across Canada.

A former CIBC bank teller brought the case in 2007 and it was certified as a class action in 2012.

The teller, Dara Fresco, claimed the bank’s policies enabled it to permit employees to work overtime without compensating them appropriately. CIBC argued that its policies aimed to stop unnecessary overtime in order to control costs and prevent overwork.

The bank’s appeals of the 2020 decision were denied Wednesday by the Court of Appeal for Ontario.

A hearing is scheduled for September to determine the question of damages for unpaid hours.

Scotiabank reached a settlement with employees in 2014 over similar issues.

CIBC spokesperson Tom Wallis said the bank is reviewing the appeal decision.

“We believe we maintain effective overtime policies and practices, including a clear overtime policy that is easily accessible,” he said in an email.

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Staff, with files from The Canadian Press

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