Teller launches CIBC suit

A $30,000-a-year CIBC bank teller has launched a $600-million class-action lawsuit against her employer over the unpaid overtime she says she and others have to work to do their jobs.

Dara Fresco, 34, hopes as many as 10,000 tellers and other front-line workers at the Canadian Imperial Bank of Commerce will join her in the lawsuit filed yesterday in the Ontario Superior Court of Justice.

"It is not right to work for a company and not get paid overtime," Fresco said at her lawyer's office. "This was a common occurrence at the bank for many people."

Fresco, who continues to work as head teller, 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.

Fresco estimates she's owed at least $50,000 in overtime built up during her 10-years of service.

"I was surprised to find out that this practice was happening in a bank," Fresco said. "I hope others would get involved in the legal action."
None of the allegations in the lawsuit have been proven in court.

In a statement issued shortly after the statement of claim was filed, CIBC said it has a "clearly defined" overtime policy that "exceeds legislative requirement."
"CIBC employees are the cornerstone of our strength as a company," the statement said. "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.
"We have just received this lawsuit and will be reviewing it in detail prior to further response." One of Fresco's lawyers, Doug Elliott, said the legal action is "groundbreaking."
"This is the largest unpaid overtime class action suit in Canadian history," he said at his Front St. W. office. "These front-line workers routinely work more than their regular hours." via London Free Press