Tibor Kolley/The Globe and Mail
A woman fighting for overtime from Canadian Imperial Bank of Commerce is appealing an Ontario judge's decision to deny giving class-action status to the plaintiffs' law suit.
Justice Joan Lax said last month that the civil suit didn't meet the test to be a class action because the individual claims of CIBC employees would have to be resolved on a case-by-case basis.
One of the lawyers for the lead plaintiff says in a statement that there are compelling reasons to treat this as a class action, so the appeal court will be asked to overturn the judge's decision.
The suit was filed two years ago by Dara Fresco, a teller in one of the bank's Toronto branches.
She said in a statement Monday that her experience from working in a dozen branches of the CIBC is that unpaid overtime is a regular occurrence affecting hundreds of employees.
CIBC's position is that overtime is paid where requested or required of eligible employees and there is an internal process to resolve employees' concerns.
None of the allegations have been proven in court.