Ontario court rules again for employees in CIBC overtime class action
Staff | August 14, 2020 The Ontario Superior Court of Justice has issued additional reasons for judgment in a long-running unpaid overtime class action lawsuit against Canadian Imperial Bank of Commerce. The court has followed up on its summary judgment decision from March 30, 2020, ruling the bank’s current overtime policy is illegal and unenforceable and that frontline employees who are members of the class are entitled to monetary damages for CIBC’s failure to pay overtime. In the most recent decision, released on Aug. 10, Justice Edward Belobaba said CIBC’s overtime policy is illegal and that it breached employment contracts and the federal labour code. He concluded class members are entitled to damages arising out the bank’s breaches of the class members’ employment contracts. Read: Former Starbucks Canada employee suing for unpaid OT on behalf of store managers In rejecting the arguments of CIBC’s lawyers, Justice Belobaba noted CIBC, “in violation of federal law, failed to make and keep records of the ‘hours worked’” and that having “failed to keep the required records, the defendant bank now says that every aggrieved class member should be required to prove their case — and if it takes some 30,000 or more individual trials, so be it.” The court will now give CIBC the time to...