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Canada Labour Code - Part III

Scotiabank class action overtime lawsuit moving forward

Jurisdiction: - Canada/Federal

A day after the Ontario Superior Court refused to certify a class action overtime lawsuit against CIBC, the Financial Post has published an article stating that a similar class action lawsuit against Scotiabank is moving forward. The claim against Scotiabank, which is apparently for $350 million, is being handled by the same team of lawyers who are handling the CIBC action.

Ontario Superior Court of Justice refuses to certify overtime class action lawsuit against CIBC

Jurisdiction: - Canada/Federal - Ontario

As reported in the Globe and Mail, the Ontario Superior Court of Justice has refused to certify an unpaid overtime class action lawsuit brought by the employees of Canadian Imperial Bank Commerce (CIBC). The suit alleged that CIBC's overtime policy violated the overtime provisions in the Canada Labour Code.

According to the article, "...the Ontario Superior Court ruled that the facts surrounding overtime complaints at CIBC were too 'individualized' to qualify or be certified as a class action lawsuit."

The article further notes that similar overtime class action lawsuits have been filed by employees at Scotiabank and the Canadian National Railway Co., with the respective class action certification hearings pending.  read more »

"Employment in Tough Times - Interplay Between Employment and Insolvency"

Richard Press, a lawyer at Davis LLP co-authored a paper entitled "Employment in Tough Times - Interplay Between Employment and Insolvency" for the Employment Law Conference - 2009 CLE in Vancouver.

HRSDC launches newsletter for federally regulated employers

Human Resources and Skills Development Canada (HRSDC) has started publishing an electronic newsletter - the Labour Focus Newsletter - that federally regulated employers will want to read.

Volume 1, Issue 1 of the newsletter was published last week and includes a bulletin from the Labour Program that discusses the H1N1 flu virus (the swine flu) and an employer's obligation under the Canada Labour Code, Part II to ensure the health and safety of their employees in the workplace.

As I noted in a post a few weeks ago, this article from the Vancouver Sun also contains advice for employers on how to respond to the virus and other outbreaks like it.

Consultations underway to modernize Federal Labour Standards under Part III of the Canada Labour Code

Jurisdiction: - Canada/Federal

The federal government announced today that it will be commencing the long-awaited consultations on the federal labour standards found in Part III of the Canada Labour Code.

Part III of the Code has not been revised since it was enacted over 40 years ago.

The Government states that its priorities in reviewing federal labour standards are to: (1) modernize workplace practices; (2) promote family-friendly policies and work-life balance (3) and to foster long-term economic prosperity.

The consultations follow up on the report issued by Professor Harry Arthurs in October 2006 and entitled Fairness at Work: Federal Labour Standards for the 21st Century.  read more »

Second class action overtime lawsuit - valued at $360 million - filed against CIBC

Jurisdiction: - Canada/Federal

Already facing a possible class action overtime lawsuit filed on behalf of its tellers, The Globe and Mail is reporting that CIBC - this time CIBC World Markets Inc. - is now also facing a second possible overtime class action lawsuit.

This one has been filed on behalf of CIBC World Markets' investment bankers, analysts and investment advisers. It is valued at $360 million. Law firm Juroviesky & Ricci LLP in Toronto is acting or the plaintiff.

The October 30, 2008 Globe article ("CIBC gets cuffed with second overtime lawsuit") can be found here.

"Transfer of Jurisdiction Handbook on Employment Issues"

The First Nations School Association ("FNSA") has prepared a "Transfer of Jurisdiction Handbook on Employment Issues" (September 11, 2008). As stated in the introduction, the Handbook: aimed mainly at Participating First Nations that will take jurisdiction over education pursuant to the First Nations Jurisdiction over Education in British Columbia Act (Canada), the First Nations Education Act (BC), and various jurisdiction agreements. The purpose is to identify steps that schools and Participating First Nations can take to prepare for the transfer of jurisdiction in connection with employment issues.

The Handbook has three parts:  read more »

Company that installs cables/wires allowing residences to connect to Rogers cable services not federally regulated

Jurisdiction: - Canada/Federal

Cancable Inc. and Jones (Re) (May 29, 2008, Canada M.V. Watters Adjudicator)

Managerial employee ruled ineligible for overtime payments under Canada Labour Code

Jurisdiction: - Canada/Federal
Sector: - Transportation

Shoreline Bus Lines Ltd. and Klingler (Re) (March 10, 2008 Canada, M.V.Watters)