In a series of recent high-profile cases, Ontario courts have been grappling with the issue of whether employees can use actions commenced under the
Class Proceedings Act, 1992, SO 1992, c 6, to enforce overtime claims under the
Canada Labour Code, RSC 1985, c L.2. The decision in
McCracken v Canadian National Railway Company, 2010 ONSC 4520, holds that statutory employment obligations are implied terms in an employee's employment contract, and therefore may be the subject of claims asserted in a class action. This decision is in direct contrast to the earlier decision in
Fulawka v Bank of Nova Scotia, 2010 ONSC 1148, and, as a result, the law on this issue remains in flux. Published in
Volume 13, No. 1 of Work Matters, the newsletter of the Labour and Employment Law Section of the Ontario Bar Association.
Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.
For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.