Showing posts with label Alberta. Show all posts
Showing posts with label Alberta. Show all posts

Thursday 13 July 2023

Overtime Claim Not Limited to Statutory Timeline if One Elects to Proceed Via Civil Claim: Alberta Court of King’s Bench

A guest post by Sheldon McRae, Student-at-Law

If your employer has failed to pay you for overtime, is there a limitation period that may prohibit you from recovering what you’re owed? If so, can it be varied?

In Scheffler v Mourits Trucking Ltd , 2023 ABKB 139 Justice John S. Little of the Alberta Court of King’s Bench determined that a plaintiff could claim unpaid overtime wages in a civil suit, despite portions of their claim being statutorily barred from recovery by a limitation period in Alberta’s Employment Standards Code.