Class Proceedings Act

Overtime class action certification order slammed by Court of Appeal

July 4, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation, 0

Ontario’s Court of Appeal has just decided that the overtime pay claims of a group of front-line supervisors at Canadian National Railway lacked commonality; hence, overturning a lower court decision that had certified a “misclassification” overtime class action against CN. The supervisors claim CN excluded them from overtime pay by calling them “managers” when they were not.

Canada labour Code, Canadian National Railway, certification, class action, Class Proceedings Act, CN, CNR, employment law, excluded from overtime, first line supervisors, managerial employees, managers, McCracken v. Canadian National Railway Company, no commonality, Overtime class action suit, overtime exemption, overtime hours, overtime pay, overtime pay claims, unpaid overtime

Denny’s temporary foreign workers employment standards class action suit gets certified

May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…