Blog Post #910 – Ottawa Landscaping Employer Fined $15,000 After Failing to Comply With Orders to Pay Wages

Blog Post #910 – Ottawa Landscaping Employer Fined $15,000 After Failing to Comply With Orders to Pay Wages

Excerpt from the government of Ontario’s ‘Newsroom’

The Ontario Court of Justice has fined Ryan Langtry $15,000 for failing to comply with five orders to pay wages.

Ryan Langtry employed workers in the construction and landscaping industry in the Ottawa area. Langtry operated the business under his own name and the business names Ottawa Landscape Masters and RLCO.

The Ministry of Labour received claims from employees for unpaid wages. An Employment Standards Officer investigated the claims and found that the employees were owed a total of $5, 261.80 in wages and issued orders to pay wages.

The defendant pleaded guilty to failing to comply with five orders to pay wages. Before pleading guilty, the defendant paid the outstanding amounts of the orders in full.

The sentence was imposed by Justice of the Peace Linda Pearson in Ottawa court on September 8, 2016.

In 2013, Ryan Langtry was fined $17,000 by the Ontario Court of Justice for failing to comply with 13 orders to pay.

In addition to the fine, the court imposed a 25 percent 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.

A person who contravenes Ontario’s Employment Standards Act (ESA) or its regulations, or fails to comply with an order under the act, is guilty of an offence. An individual convicted under the ESA may be fined up to $50,000 or imprisonment for up to 12 months, or both. A corporation can be fined up to $100,000 for a first conviction, $250,000 for a second conviction, and $500,000 for a third or more convictions.

The law(s) in contravention,

Ryan Langtry was found guilty of a violation of the Ontario Employment Standard’s Act, section 103, subsection 8 which states,

“Every employer against whom an order is issued under this section shall comply with it according to its terms.”

Ryan Langtry was also found guilty (5 times) of section 132 of the ESA 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,

I have been seeing this more and more. Employers refusing to pay their employees. Are they falling on hard times or are they just trying to send intimidation messages? I wonder.

By the way, did you, the reader, notice that Ryan paid the outstanding debt prior to the fines being issued? I wonder if he felt that the fines would disappear. I think he knows better now.

Please ensure that your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

 

Dan
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