A class-action lawsuit launched by the employees of CIBC over unpaid overtime has been dismissed by an Ontario Superior Court judge.

The suit was filed in June 2007 on behalf of CIBC employees who claim that the bank failed to pay statutory overtime and failed to keep proper records of its employees’ hours of work. The class included all current and former non-management, non-unionized employees of CIBC in Canada who worked in the bank’s retail branches as customer service employees since Feb. 1, 1993.

CIBC estimated that the group represented tens of thousands of current and former employees.

In a written decision released on Thursday, Ontario Superior Court Judge Joan Lax said the case did not meet the “commonality requirement” in order to be dealt with as a class proceeding.

“Instances of unpaid overtime occur on an individual basis,” Lax wrote. She explained that the circumstances of many of the class members are vastly different.

“In my view, this evidence does not provide a sufficient basis in fact to show the existence of systemic wrongdoing,” she said. “What is shows is a number of individual circumstances that arise for disparate reasons and require individual resolution.”

CIBC said it was pleased with the decision.

“We believe it shows CIBC has a clear overtime policy that exceeds legislative requirements in Canada,” the bank said in a statement. “Under our policy, where overtime is requested or required of eligible employees, it is paid.”

CIBC added that it has a process to resolve employees’ concerns about overtime that includes escalation to senior management, as well as a separate external process through the government.

“CIBC is proud of the flexible work environment we have built for employees,” the bank said.

IE