Court certifies overtime class action against CN

Suit alleges 1,500 first-line supervisors were misclassified as management and denied overtime pay
||Last Updated: 09/15/2010

An Ontario court has certified an overtime class-action lawsuit against CN Rail.

This is the second overtime class-action suit to be certified in Ontario, following the certification of the case against the Bank of Nova Scotia in February.

Justice Perell of the Ontario Superior Court of Justice ordered the class action, brought by Michael McCraken against CN for unpaid overtime, be certified.

McCracken is the lead plaintiff representing about 1,500 current and former first-line supervisors. He alleges CN misclassified first-line supervisors as managers, denying them the overtime pay to which they are entitled.

The $300-million claim alleges CN supervisors work an average of 50 and sometimes as many as 90 hours a week.

"On behalf of all my colleagues at CN, I am very happy that the court ruled that the case is permitted to go forward and that we will have a determination of the merits of our case," said McCracken.

Law firms Roy Elliott O'Connor and Sack Goldblatt Mitchell are representing McCraken. Both firms are also counsel in the overtime case against CIBC, which was denied certification last year and is currently being appealed.

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