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McCracken v. Canadian National Railway Company

Overtime class action certification order slammed by Court of Appeal

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.

 

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