More Evidence That CIBC Is Crooked

Dear Constant Reader,

Canadian Imperial Bank Of Commerce is at their sneaky ways again :

from CBC News :
Bank teller takes on CIBC in class-action lawsuit over alleged unpaid overtime
Published: Tuesday, June 5, 2007 | 6:34 PM ET
Canadian Press: TOBI COHEN

TORONTO (CP) - In what's being called a potentially precedent-setting case in Canada, a bank teller has taken on one of the country's biggest financial institutions with a class-action lawsuit that alleges CIBC fails to pay overtime to its customer service staff.

Dara Fresco said Tuesday that she's owed some $50,000 for the two-and-a-half to 15 hours a week of additional work she says she's been required to perform as a teller and personal banker since 1998.

"I've been working for the bank for almost 10 years and I figured enough is enough already. I wanted to get paid for the overtime," Fresco said at a news conference Tuesday, just hours after the lawsuit was filed in Ontario Superior Court.

The $600-million class-action suit is expected to cover an estimated 10,000 current and former non-management, non-unionized CIBC employees across Canada, many of whom are women.

"What is unfair is that my colleagues and I are rarely being paid for the overtime that we are working, and that's just not right," Fresco alleged.

"I decided to seek out legal advice to see, mainly, if this was allowed and to find out what my options were ... because it isn't fair to work and not be paid for your time."

Lawyer Douglas Elliott said such lawsuits are more common in the United States and suggests this one is the "largest unpaid overtime class action in Canadian legal history."

Studies show many employers routinely violate federal labour laws by not paying their staff at least time-and-a-half for working more than eight hours a day or 40 hours a week, Elliot said.

"If successful, it will set an important precedent for those working in other areas where it is a problem."

In a statement issued shortly after the lawsuit was filed, CIBC said it has a "clearly defined" overtime policy that "exceeds legislative requirements."

"CIBC employees are the cornerstone of our strength as a company," the statement reads. "We have comprehensive compensation, benefit and employment programs to ensure we attract, retain and reward our employees and create an environment where they can excel."

The bank said it would review the claim "in detail" before commenting further.

Fresco, who continues to work as head teller at a Toronto CIBC branch, said she expects the road ahead to be rocky but that she felt it was important to come forward.

"This is going to be a very long process and I want to ensure my fellow colleagues and everyone else involved that I'm in it for the long haul," she said, adding she's a good employee and is hopeful there won't be any backlash.

"I have every intention of seeing this through to the end."

The statement of claim alleges CIBC non-management employees are assigned heavy workloads that cannot be completed within standard working hours, and that, at least in Fresco's case, she was told not to claim any of it as overtime.

"The claim alleges this practice is widespread, systemic and that it violates both the class member's individual contracts with the employer as well as federal labour law," Louis Sokolov, a labour lawyer involved in the case, said.

"To date there has been little effort made by the government to enforce this law for the benefit of people like Ms. Fresco."

None of the allegations have been proven in court.

The CIBC has 30 days to file a statement of defence, but could choose to wait until the class-action suit has been certified - which Elliott said could take as a long as a year.

Elliott said there's a team of lawyers across the country working on the case and is urging current and former front line CIBC staff who feel they've been shortchanged to come forward.

© The Canadian Press, 2007

Arthur
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