Excerpt from the government of Ontario’s ‘Newsroom’
Pickering Performance Tire & Automotive Inc., an auto repair shop, pleaded guilty and was fined $3,000 for failing to comply with orders to pay wages.
The Ministry of Labour received claims from three employees of Pickering Performance Tire & Automotive Inc. for unpaid wages and vacation pay. An employment standards officer determined that the employees were owed a total of $2,724.02 and issued three orders to pay. The company did not comply with the orders.
The defendant pleaded guilty to failing to comply with an order to pay. Prior to pleading guilty, the defendant paid the outstanding orders.
Justice of the Peace Martha De Gannes fined the company $3,000 in Whitby court on June 1, 2016.
In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Pickering Performance Tire & Automotive Inc. was found guilty of a contravention of the Ontario Employment Standards Act (ESA), Section 103 (8) which states,
“Every employer against whom an order is issued under this section shall comply with it according to its terms.”
Pickering Performance Tire & Automotive Inc. was also found guilty of a contravention of the ESA, section 132 which states,
“A person who contravenes this Act or the regulations or fails to comply with an order, direction or other requirement under this Act or the regulations is guilty of an offence and on conviction is liable,
(a) if the person is an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months or to both;
(b) subject to clause (c), if the person is a corporation, to a fine of not more than $100,000; and
(c) if the person is a corporation that has previously been convicted of an offence under this Act or a predecessor to it,
(i) if the person has one previous conviction, to a fine of not more than $250,000, and
(ii) if the person has more than one previous conviction, to a fine of not more than $500,000.”
My opinion,
Pay your employees! They deserve to be paid for work that is done and hours put in. Why would someone think otherwise?
Your employees are your best asset and you need to be vigilant when dealing with them.
Remember, the employee has recourse as this auto shop has found out. Why would a company want to be on the Ministry of Labour’s (MOL) radar as a possible suspect employer? As an owner of a small business myself, I know I wouldn’t want this either.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Employment Standards Act’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.