Class Actions in Employment-related Disputes
Author | Peter S Spiro |
Pages | 71-91 |
71
CLASS ACTIONS IN
EMPLOYMENT-RELATED
DISPUTES
Peter S Spiro
Abstract: The traditional means by which workers asserted
their collective rights was the union movement, but that has
been in severe decline in the private sector. Class action law-
suits would appear to be the ideal modern substitute. There
have been a few noteworthy successes for employees in the
last few years, helping to ensure that employers in the bank-
ing sector abide by statutory requirements to provide over-
time pay. Certification has proven to be a significant hurdle
in these actions, and there appear to be some meritorious
cases where cert ification was not achieved. It is arguable that
the caselaw that has developed around the finding of a com-
mon issue for certification is too confining for the employ-
ment context. The application of the certification tests ought
to be nuanced and contextua l. Employment class actions typ -
ically involve considerable diversity among individual em-
ployees, and in such situations it makes sense for the court
to focus on the overriding central principles as providing a
common issue, rather than use the individual variations to
reject certification.
CCAR 11-1.indb 7110/19/2015 11:49:46 AM
CCAR 11-1.indb 7210/19/2015 11:49:46 AM
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
