Overtime — Ontario Employment Law

United Steelworkers v. Greenfirst Forest Products

Judicial Review of Labour Arbitration: Overtime Dispute

This is a judicial review of a labour arbitration award concerning the distribution of weekend overtime under a collective agreement. The Divisional Court applied the Vavilov reasonableness framework and found the arbitrator's decision unreasonable for failing to address the Letter of Understanding and the central issue of student overtime compensation. The court set aside the award and remitted the matter to a different arbitrator for reconsideration.

M. v. Bison Transport Inc.

M. v. Bison Transport: Drug Policy Termination

This wrongful dismissal case involved an employee terminated for cause following a second positive drug test, raising issues regarding safety-sensitive policies, human rights accommodation, and the justification of dismissal. The court found the termination justified due to consistent policy enforcement and lack of disability, dismissing the wrongful dismissal claim. The court assessed four months' notice only in the alternative, and dismissed overtime claims as barred by limitation periods or unsupported by evidence.

S.-S. v. Pet Social

Unpaid Wages & Overtime: Employment Standards Award

This is a merits decision regarding an employment standards dispute where the plaintiff alleged she was an employee entitled to unpaid wages, overtime, and vacation pay. The court found that an employment relationship existed and awarded damages for the statutory entitlements, while dismissing alternative claims for unjust enrichment, constructive trust, and aggravated damages due to lack of evidence or legal basis.

OPSEU, Local 329 v. Waypoint Centre for Mental Health Care

This is a judicial review of a labour arbitration award concerning the interpretation of a collective agreement between a union and its employer regarding overtime pay and management rights. The Divisional Court applied the reasonableness standard of review and dismissed the application for judicial review, finding the arbitrator's interpretation logical, transparent, and justified.

F. v. Canadian Imperial Bank of Commerce

Bank's Appeal Dismissed in Overtime Class Action

This is the bank's appeal in a class action for unpaid overtime under the Canada Labour Code. The Court of Appeal dismissed it, upholding the summary judgment finding the bank liable because its overtime policies breached the Code, and the certification of aggregate damages as a common issue. It agreed that limitation defences must be decided individually rather than by a class-wide order.

F. v. Canadian Imperial Bank of Commerce

F. v CIBC: Class Action Jurisdiction Appeal

This is an appeal regarding the jurisdiction of the Court of Appeal for Ontario to hear appeals concerning limitation periods and aggregate damages in a class action for overtime compensation. The court addressed whether determinations on these issues are part of a judgment on common issues under the Class Proceedings Act, 1992.

F. v. Canadian Imperial Bank of Commerce

F. v CIBC: Overtime & Record-Keeping Breaches

This is a class action proceeding addressing systemic non-compliance with federal employment standards by the employer. The court examined whether the employer breached statutory and contractual duties regarding overtime compensation and the maintenance of accurate records of hours worked. The court found that the employer's policies permitting uncompensated overtime and failing to record actual hours constituted breaches of statutory and contractual obligations.

D. v. GreenMantra Recycling Technologies Ltd.

This case involves a dispute regarding overtime pay and the interpretation of an employment contract under the Employment Standards Act. The proceedings address whether the employer complied with statutory employment standards regarding overtime compensation.

W. v. CTS of Canada Co.

Appeal Allowed in Part: Mass Termination ESA Obligations

This is an appeal to the Court of Appeal from a motion judge's summary judgment decision in a class action about mass termination rights under the Employment Standards Act. The representative employees sued the employer over the validity of their working notice period because the employer filed the mandatory Form 1 notice late and required them to work excessive overtime. The motion judge ruled that the employer had to file the form at the beginning of the 13-month working notice period, invalidating most of the notice given. The Court of Appeal allowed the appeal in part, ruling that the form only needed to be filed at the start of the eight-week statutory minimum notice period. Because the employer filed the form 12 days into that eight-week period, the employees were awarded 12 days' pay in lieu of notice, and the lower court's rulings invalidating notice during weeks of unlawful overtime were upheld.

University of Ottawa v Bargaining Unit of the Support Staff et al.

The Divisional Court dismissed an application for judicial review of an arbitrator's decision interpreting Article 20.4 of a collective agreement. The court upheld the arbitrator's finding that evening and weekend work constituted overtime rather than a modification of the regular schedule, confirming that the grievors were entitled to overtime pay.

B. v Canada Cartage Diversified GP Inc.

This is an appeal from a motion judge's discovery directions in a class action alleging systemic overtime policies. The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decision and emphasizing case management deference.

Joss Covenoho v Pendylum Inc.

ESA Section 97 Bar on Civil Proceedings & Short-Term Termination

This case addresses whether a civil claim for vacation pay, public holiday pay, and overtime is barred by the Employment Standards Act, 2000, and whether an employee with less than three months of service is entitled to statutory notice of termination. The court determined that Section 97 of the ESA does not preclude the civil action for unpaid wages and that Section 54 does not require notice for employees employed for less than three months. Additionally, the court found that clear termination provisions in the plaintiff's fixed-term contract allowed for immediate termination without further liability.

F. v G.

This is a procedural ruling regarding a motion to revisit a final decision in an overtime dispute. The court declined to reconsider arguments regarding limitation periods and the plaintiff's employment options, as these were addressed in the original decision, and found insufficient evidence for new arguments regarding business closure.

F. v G.

Live-in Caregiver Wrongful Dismissal: 10 Months Notice

This case involves a live-in caregiver who brought claims for unpaid overtime, wrongful dismissal, and breach of contract against her employers. The court addressed whether the plaintiff worked overtime entitled to compensation under the Employment Standards Act, 2000, and determined she was entitled to 10 months' reasonable notice upon dismissal. Additionally, the court ruled on the applicability of the Limitations Act, 2002, and denied punitive damages regarding the manner of dismissal.

F. v. Bank of Nova Scotia

Class Action Certification: Unpaid Overtime Claims

This is an appeal from a certification motion in a class action lawsuit brought by employees against the Bank of Nova Scotia for unpaid overtime. The appeal addresses whether the motion judge erred in certifying the class action, specifically regarding common issues related to overtime compensation, the preferable procedure, aggregate damages, and systemic defects in overtime policies.

F. v. Canadian Imperial Bank of Commerce

F. v CIBC: Class Action Overtime Certification Appeal

This is a judicial review of a motion judge's decision dismissing a class action certification motion and awarding costs to the defendant. The underlying dispute concerns the lawfulness of the employer's overtime policy under the Canada Labour Code and whether common issues existed for certification. The Divisional Court reviewed the evidentiary and legal errors alleged by the plaintiff.

F. v. The Bank of Nova Scotia

Class Action Leave to Appeal: Systemic Overtime Claims

This is a procedural ruling on a motion for leave to appeal the certification of a class action involving systemic overtime claims by employees. The court addressed whether conflicting decisions justified granting leave and examined the legal basis for implying terms of good faith and negligence into employment contracts governed by the Canada Labour Code.

B. v. Ignace (Township)

This is a labour law case concerning employment remuneration and overtime entitlements.

E. v. Ritins International Inc.

This is a Divisional Court decision involving an employment standards dispute regarding overtime pay and the legal issue of piercing the corporate veil. The case addresses whether individuals behind a corporation can be held liable for employment standards violations.

W. v. Universal Environmental Services Inc.

Wrongful Dismissal: 6 Months Remuneration & Mental Distress Damages

This was an appeal to the Court of Appeal by the employer from a trial judgment finding the employee was wrongfully dismissed and awarding damages. The main issues were whether the employee was fired, entitlement to mental distress damages, and the quantification of termination pay under the employment contract. The trial judge found the employee was fired and awarded damages, including $15,000 for mental distress. The Court of Appeal upheld the finding that the employee was fired and the calculation of termination pay (including overtime), but found there was no independent actionable wrong to support mental distress damages. Because the correct calculation of contractual damages exceeded the trial judge's total award and there was no cross-appeal, the total damage award remained the same.