Scotiabank becomes the latest target of unpaid overtime suit

Suit alleges front-line employees must work extra hours without pay to complete work
By Jeffrey R. Smith
|hrreporter.com|Last Updated: 01/02/2008

On the heels of two high-profile class action suits in the financial services industry, another Canadian bank has become the target of a lawsuit for unpaid overtime by non-management employees.

Cindy Fulawka, a long-time employee of Scotiabank, is fronting a class action suit on behalf of thousands of current and former non-management, non-unionized employees who are or have been personal bankers or other front-line customer service employees at Scotiabank locations across Canada. Fulawka, who has worked at branches in both Saskatchewan and Ontario, claims she has worked about 10 to 15 hours of overtime per week for the 15 years she’s been with the bank. She also says during RRSP season, she and other employees were expected to be available at all hours and make calls during evenings and weekends. The suit claims employees aren’t paid anything for these extra-hour duties.

The statement of claim alleges front-line customer service employees are given workloads that can’t be completed during normal working hours. As a result, they’re required or allowed to work overtime to meet the demands of their jobs without getting paid for it. If true, this would be a direct violation of the Canada Labour Code.