Scotiabank overtime dispute rages on

Canada's Bank of Nova Scotia, also known as Scotiabank, recently lost an appeal of a class action lawsuit alleging that it denied overtime pay to more than 5,000 of its employees, the Globe and Mail reports.

The Ontario Divisional Court upheld the ruling handed down by an Ontario Superior Court judge in February of last year, which stated that there were "systemic wrongs" in the bank's policy of requiring employees to get approval before working overtime.

In a statement, Scotiabank said that it will be taking the divisional court's ruling to the Court of Appeals.

The lawsuit, which was filed by former Scotiabank employee Cindy Fulawka, seeks policy changes and $350 million in damages.

The case is reminiscent of a similar lawsuit that was launched against the Canadian Imperial Bank of Commerce in 2007 by CIBC teller Dara Fresco. According to the newspaper, Fresco claimed to have worked up to five hours of overtime a week, but this was not reflected on her payroll. In July 2009, the Ontario Superior Court ruled that the circumstances of Fresco's case were too individualized for a class action suit to be filed.  

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