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Fresco v. Canadian Imperial Bank of Commerce: Ontario's Superior Court Rejects Employees' Class Action against the Canadian Imperial Bank of Commerce by Borden Ladner Gervais LLP - Toronto Office
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October 7, 2009
Previously published on June 2009
This decision involves an intended class action instituted against the Canadian Imperial Bank of Commerce ("CIBC"), a federally-regulated bank, by one of its employees, Dara Fresco, claiming compensation for unpaid overtime wages. Ms Fresco's action claimed unpaid overtime wages on behalf of all nonmanagement, non-unionized front-line-service employees of the bank going back to February 1, 1993. She alleged that the bank had breached its contractual obligation by systematically failing to pay for overtime work. In particular, she attacked the legality of the bank's Overtime Policy (the "Policy").
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