In its opinion, the Court found that Brinker had the obligation to "make available" meal and rest breaks to its employees, but did not have the obligation to "ensure" that they were taken. In doing so, the Court ruled that the case cannot proceed as a class action.
"We are pleased that the Court of Appeal ruled that the trial court should not have certified a class in this case, and agrees with Brinker's understanding of the legal standards for providing meal and rest breaks," stated Roger Thomson, Executive Vice President and General Counsel of Brinker International. "We look forward to the case's return to the trial court for action on the remaining individual issues."
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