In August 2014, an Ontario judge approved the proposed
settlement in Fulawka v. The Bank of Nova Scotia, a
case we have been tracking since its commencement in 2007 and
certification as a class action in 2010. Under the settlement
approved by the court, the employer agreed to pay overtime to
claimants who had occupied the positions of personal banking
officer, senior personal banking officer, financial advisor or an
account manager small business and who had been required or
permitted to work overtime without proper compensation.
Claimants were given until October 15, 2014 to file claims.
The terms of the approved settlement agreement included an appeal
process for denied claims and an assurance that claimants could not
be the subject of reprisals.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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