E Care Contact Centers carries on business in British Columbia as a short term lender. Ms. Macaraeg was employed in that business between May, 2004 and February, 2006, first as a “Customer Service Representative” and later as a “Credit Recovery Specialist – Account Manager”.
Ms. Macaraeg worked a considerable amount of overtime during her employment, as did a considerable number of other employees, but she was not paid for overtime work.
On March 28, 2006, an action was commenced in British Columbia Supreme Court in the name of Ms. Macaraeg, as a class action on behalf of a proposed class of persons described as:
“All persons who, after January 1, 2004, worked over eight hours a day or over 40 hours a week while employed by E Care in the province of British Columbia, but excluding employees who have executed a binding full and final release in favour of the defendant.”
Writ of Summons and Statement of Claim
The action has not yet been certified as a class proceeding.
A preliminary issue exists as to the jurisdiction of the Supreme Court to deal with the claim of Ms. Macaraeg and others, for overtime pay pursuant to the British Columbia Employment Standards Act. Counsel for the plaintiff and defendant agreed to bring forward this issue of juridsiction to the BC Supreme Court, and Madam Justice Wedge decided that jursidiction did exist, that Ms. Macaraeg was not limited to whatever remedy she could obtain from the Employment Standards Branch.