Excerpt from the government of Ontario’s ‘Newsroom’
Rene Boljkovac Dentistry Professional Corporation, a dental office in Bobcaygeon, has been fined a total of $14,706.52 for failing to comply with Orders to Pay.
Between January and February 2013, three employees of Rene Boljkovac Dentistry Professional Corporation filed employment standards claims. An investigation found that one of the employees was owed unpaid wages, and two were owed unpaid wages, termination pay, and vacation pay.
An Order to Pay was served for each of the three claims in December 2013. The three Orders to Pay were not appealed, and no amount had been paid towards them.
Rene Boljkovac Dentistry Professional Corporation pleaded guilty to three counts of failing to comply with an order to Pay.
In addition to the fine, the court ordered Rene Boljkovac Dentistry Professional Corporation to pay the wages owing.
The law(s) in contravention:
Rene Boljkovac Dentistry Professional Corporation was found guilty of a contravention of the Employment Standards Act (ESA) section 103 (a) which states,
“If an employment standards officer finds that an employer owes wages to an employee, the officer may,
- arrange with the employer that the employer pay the wages directly to the employee.”
Rene Boljkovac Dentistry Professional Corporation was also found guilty of a contravention of the Employment Standards Act (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.”
Here we have another employer not understanding his role in the employer/worker matrix. The worker is owed monies under many circumstances and cannot refuse just because of attitude. I do not know the reasons behind the refusal but the reader can see the totals exceed $15,000 which really does not include the original wages.
Again, being on the Ministry of Labour (MOL) radar is not what companies need to do. They need to follow the guidelines as laid out in the Ontario Occupational Health and Safety Act (OHSA) and other Acts and regulations. If not, the fines continue to get larger until the message gets across.
Ensure your workplace is a safe place!
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’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at firstname.lastname@example.org
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.