Is an employer permitted an employee to work overtime hours without the consent of an employer?

Ontario, Canada

The following excerpt is from Fresco v. Canadian Imperial Bank of Commerce, 2009 CanLII 31177 (ON SC):

Leaving aside the statutory framework, it is the fundamental right of the employer to control its business, including employees’ schedules, hours of work and overtime hours.[3] The ability to authorize overtime is in fact one of the legal criteria used to assess whether or not an employee is considered managerial and exempt from the hours of work provisions of the CLC.[4] An employee cannot unilaterally and without agreement of the employer determine what is “work” (i.e., services to be paid for). Put another way, an employee cannot foist services on an employer and expect to be paid wages for them. Where an employer’s overtime policy contains a provision that requires prior authorization, the employee is not entitled to work overtime hours at the employee’s own initiative and then claim entitlement to overtime pay: Chabaylo v. Koscis Transport Ltd., [2003] C.L.A.D. No. 519 at paras 4 and 10. Conversely, an employer cannot avoid its statutory obligations by knowingly permitting employees to work overtime and then later taking the position the overtime was not authorized: RSB Logistics at paras 30 and 37.

Other Questions

When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
In what circumstances have courts found that a parent unilaterally removed her children from Canada without the consent of the parties’ consent? (Ontario, Canada)
What is the constitutional jurisdiction of an employer that employs employees who would otherwise be subject to provincial jurisdiction? (Ontario, Canada)
Can a physician obtain consent to cauterize or cut the fallopian tube without the consent of a patient? (Ontario, Canada)
Can a credit/debit card holder withhold consent from a creditor without obtaining written consent? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
Can an employer compel an employee to work overtime? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.