Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Please answer the following question, thank you Dara Fresco has worked for the Canadian Imperial Bank of Commerce (CIBC) since 1998. When she started with

Please answer the following question, thank you

image text in transcribed
Dara Fresco has worked for the Canadian Imperial Bank of Commerce (\"CIBC\") since 1998. When she started with the bank she signed an employment contract which stipulated that she could not bring a class action for overtime pay. She began work at the bank as a teller and moved her way up to head teller, then personal banking assistant, and nally head personal banking assistant. During that time she claims she was routinely forced to work well beyond 40 hours per week (the maximum amount under the Canada Labour Code before overtime pay is required) in order to get the amount of work done that she was assigned. She further states that this practice by management of assigning far more work than could be done in 40 hours a week I was routine in the branches she worked at, thus, necessitating workers like her to routinely work more than 40 hours per week to get the assigned work completed. CIBC brought in an overtime policy which stated that in order for a worker like Dara to be eligible for overtime pay, they had to obtain pre-approved and signed authorization for the overtime work from a manager on a specied form. The policy did not refer to after-the-fact overtime already worked by the worker as being eligible for compensation. Dara and others felt this policy violated the Canada Labour, Code and as such the bank's policy was illegal and unenforceable. Recently, Dara started a class action lawsuit against the CIBC for overtime pay. A class action is when you bring an action seeking compensation of a similar type for a group of people who are all in the same situation. In this case, Dara brought her action on behalf of 31,000 tellers and personal banking assistants and is asking for $500 million in general damages for uncompensated overtime work along with a further $100 million in punitive damages. CIBC challenged the certication of the action as a class action on the basis of the clause in Dara's initial contract, but lost on that point. Questions: 1. Briey describe the legal risk to federal employers such as banks that is at play in the above-discussed scenario

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith and Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

15th Edition

1285141903, 1285141903, 9781285141909, 978-0538473637

More Books

Students also viewed these Law questions