Did the court have jurisdiction, i.e., legal authority to decide the case?
“Jurisdiction” is one of those technical words that cause non-lawyers to roll their eyes. But in this case, “jurisdiction” spelled the difference between $300 million and maybe $30,000 in potential liability to CN. So you need to understand what was going on. Explanation: The ESA laws establish administrative Tribunals to decide employee overtime and other wage complaints. Class actions aren’t allowed in these Tribunals; employees must file claims individually. The question then arises: Do employees have to go to the Tribunal, as CN claimed? Or do they have the option to sue for damages in civil court where class actions are permitted? The court sided with McCracken. Both Tribunals and civil courts can hear ESA wage claims—at least under the federal employment standards law, which was the ESA that applied to CN, said the court. 2. Should the case be brought as a class action? There are 5 things a person must prove to get a judge to approve a class action. In previous overtime class act
