Overtime Pay — Ontario Employment Law

Director of Employment Standards v Sleep Country Canada

Judicial Review: Overtime Pay for Commissioned Salespersons

This is a judicial review proceeding concerning the Ontario Labour Relations Board's interpretation of the Employment Standards Act, 2000, regarding overtime pay for commissioned salespersons. The Divisional Court examined whether the Board's interpretation of the 'regular rate' and its approach to reconciling overpayments and underpayments were reasonable under the Vavilov framework. The Court found the Board's decision unreasonable and remitted the matter for recalculation.

L.F. v Enterprise Rent-A-Car Canada Company

Class Action: Overtime Misclassification Certification Appeal

This is an appeal from a motion judge's decision refusing certification of a class action brought by employees against their employer. The appeal addresses whether the motion judge erred in finding a lack of commonality regarding systemic misclassification of employees as managers to deny overtime pay, and whether the proposed methodology for calculating aggregate damages was sufficient for certification.

L.F. v. Enterprise Rent-A-Car Canada Company

Class Action Certification Denied: Employee Misclassification

This is a certification motion in a class action lawsuit alleging that branch managers were misclassified as overtime-exempt employees. The court denied certification, finding that the variability in job functions across different locations prevented the identification of common issues suitable for class-wide determination.

National Grocers Co. Ltd. V. United Food and Commercial Workers Union, Local 1000A

This is a judicial review of a labour arbitrator's decision regarding truck drivers' entitlement to overtime pay under a collective agreement and the Employment Standards Act, 2000. The Divisional Court applied the Vavilov reasonableness standard to assess whether the arbitrator's interpretation of statutory provisions and the collective agreement was justified, transparent, and intelligible. The review also addressed procedural fairness and the prematurity of the application regarding remedial issues.

B. v. Coco Paving Inc.

This is a certification motion in a class action lawsuit brought by non-unionized employees against their employer regarding unpaid overtime wages under the Employment Standards Act, 2000. The Divisional Court reviewed whether the motions judge erred in dismissing the certification motion, specifically addressing the statutory requirements for an identifiable class and commonality of issues under the Class Proceedings Act, 1992.

A. v. Strada Crush Limited

Class Action Certification: Employment Standards Overtime Claims

This is a certification motion regarding a class action lawsuit brought against an employer under the Class Proceedings Act, 1992. The central legal issues involve whether the claims for overtime and holiday pay violations under the Employment Standards Act, 2000 meet the certification criteria, specifically focusing on statutory exemptions for yard employees and the commonality of claims. The court granted certification, finding that a class action was the preferable procedure for resolving these systemic employment issues.

F.B. v. Coco Paving Inc. and Lafarge Canada Inc.

Class Action Certification Denied: Unpaid Overtime Wages

This is a certification motion in a class action proceeding where the plaintiff sought to represent a class of employees alleging unpaid overtime wages. The court denied certification, finding that the plaintiff failed to meet the evidentiary burden to establish an identifiable class, common issues, or a workable litigation plan, as individual analysis of job responsibilities and union status was required.

E. v HONDA CANADA

Overtime Pay: Limitation Periods and Privilege Disputes

This case addresses procedural and evidentiary disputes in an employment standards action regarding retroactive overtime pay claims dating back to 1997. Key issues include whether the claim is statute-barred under the Limitations Act, 2002, the applicability of discoverability principles, and the production of privileged documents and witness statements.

B. v. Canadian Imperial Bank of Commerce

Appeal Dismissed: Overtime Class Action Certification

This is an appeal of a decision denying class action certification in a lawsuit brought by employees against their employer for unpaid overtime pay. The Court of Appeal found no misapprehension of evidence by the motion judge or Divisional Court. It affirmed that eligibility for overtime pay could not be determined as a common issue, as it required individual assessments of job duties and responsibilities.

R. v. BMO Nesbitt Burns Inc.

Class Action: Investment Advisors Overtime Exemption

This is a certification motion in a class action lawsuit where investment advisors sought unpaid overtime under the Employment Standards Act, 2000. The court certified the class action, determining that common issues regarding the applicability of the managerial and greater benefit exemptions to overtime pay, as well as claims for breach of contract and unjust enrichment, could be resolved collectively.

B. v. Canadian Imperial Bank of Commerce

CIBC Overtime Class Action: Certification Appeal

This is a certification motion in a proposed class action involving Investment Advisors and Associate Investment Advisors suing the Canadian Imperial Bank of Commerce for overtime pay. The Divisional Court reviewed the motions judge's decision, focusing on whether common issues of misclassification and overtime eligibility under the Employment Standards Act, 2000 could be determined for the class.

M. v. Canadian National Railway Company

Class Action Costs: Employee Misclassification Case

This is a costs ruling arising from a certification motion in a class action lawsuit concerning the misclassification of employees and unpaid overtime. The defendant, Canadian National Railway Company, sought over $1 million in costs, but the court reduced the award to $475,000, considering the public interest nature of the litigation and novel legal issues.

M. v. Canadian National Railway Company

Class Action Certification Overturned on Appeal

This is an appeal from a certification order in a class action alleging misclassification of employees as managerial to avoid paying overtime wages. The Court of Appeal allowed the appeal and set aside the certification order, finding that individualized assessments were required to determine managerial status and the claims lacked commonality.

B. v. Canadian Imperial Bank of Commerce

Overtime Class Action Certification Dismissed

This is a certification motion in a proposed class action where analysts and investment advisors alleged misclassification as ineligible for overtime pay under the Employment Standards Act, 2000 and the Canada Labour Code. The court dismissed the certification motion, finding that determining eligibility for overtime pay required individual analysis of managerial or supervisory roles, which lacked the necessary commonality and workable methodology for a class proceeding.

M. v. Canadian National Railway Company

Class Action Costs: Overtime Pay Under Canada Labour Code

This is a costs ruling in a class proceeding concerning overtime pay claims under the Canada Labour Code. The court addressed the determination of the 'successful party' and applied costs principles adapted to the realities of class proceedings to facilitate access to justice. Costs were awarded to the plaintiff’s class counsel on a partial indemnity scale.

F. v. Bank of Nova Scotia

Class Action Certification: Retail Staff Claim Unpaid Overtime

A class action certification motion in which the plaintiff sought certification of a class action for unpaid overtime by retail sales staff of the Bank of Nova Scotia. The court found systemic breaches of duties owed to employees, including failure to compensate for overtime and inadequate record-keeping, and granted certification under the Class Proceedings Act, 1992.

C. v. Canac

Wrongful Dismissal: 20-Year Supervisor Awarded 18 Months Notice

A wrongful dismissal case involving a plaintiff who was employed for 20 years as a supervisor and was terminated due to business reorganization. The court awarded 18 months of reasonable notice, applying the Bardal factors. The plaintiff was also awarded overtime compensation during the notice period, while claims for pay increases and bonuses were dismissed due to insufficient evidence.

M. v. Lake of the Woods Business Incentive Corporation

Overtime Compensation Dispute: Equitable Estoppel and Statutory Limitations

A merits decision involving a dispute over unpaid overtime compensation under the Employment Standards Act, 2000. The plaintiff claimed monetary compensation for 3,300 hours of overtime, while the defendant argued the plaintiff agreed to time off in lieu and was estopped from seeking payment. The court partially allowed the claim with nominal damages awarded, and addressed issues of equitable estoppel, limitation periods, and the enforceability of an overtime policy in the employment contract.

C. v. KPMG LLP

Class Action: Overtime Pay Settlement for KPMG Employees

A class action certification motion regarding a proposed settlement for unpaid overtime claims by current and former employees of KPMG LLP. The court is evaluating whether the settlement adequately addresses claims under provincial employment standards legislation and whether certification requirements under the Class Proceedings Act, 1992 are met for settlement purposes.

W. v. Stone & Webster Canada LP

Wrongful Dismissal: Probationary Period Termination Appeal

This is an appeal to the Divisional Court from a Small Claims Court decision regarding a wrongful dismissal and overtime pay claim. The court reviewed the trial judge's findings that the employer validly terminated the employee during the probationary period without notice or cause, and that contractual terms governed the dispute.