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Retirement Residence and Employer Ordered to Pay $11,000 in Fines for Non-Payment of Wages, Vacation and Holiday Pay

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Retirement Residence and Employer Ordered to Pay $11,000 in Fines for Non-Payment of Wages, Vacation and Holiday Pay

Ministry of Labour

BELLEVILLE, ON - An employer who operated a retirement residence in Belleville and was ordered to pay almost $11,000 in unpaid wages, vacation and holiday pay has also been ordered to pay an additional $11,000 in fines.

The business, Bel Marine Retirement Residence - also known as 2332961 Ontario Inc. - operated at 228 Dundas Street East in Belleville and had a sole director, Thyagarajah Uthayarajah of Mississauga. In 2013 an employee filed a claim under the Employment Standards Act (ESA) with the Ministry of Labour, stating that the employer had failed to pay wages, vacation pay and public holiday pay. An employment standards officer issued an order to pay on July 22, 2014. The amount came to just under $11,000.

In September 2014 the employment standards officer confirmed that Bel Marine Retirement Residence had failed to pay the amount in full and issued an order to Uthayarajah to pay the amount of $6,733.

The defendant pleaded guilty in Belleville court on February 13, 2017.  Justice of the Peace Christopher I. Peltzer fined the corporation $8,000 and the director was fined $3,000. The retirement residence is no longer in business.

A person who contravenes the 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 of up to 12 months, or both; if a corporation, the fine may be up to $100,000. For a person with a previous conviction, the fine may be up to $250,000; if there is more than one previous conviction the fine may be up to $500,000.

The court also 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.


Court Information at a Glance

 

Location:

Provincial Offences Court/Ontario Court of Justice

15 Bridge Street West

Belleville, Ontario

                                   

Judge:

Justice of the Peace Christopher I. Peltzer

                                   

Date of Sentencing:

February 13, 2017


Defendants:

Thyagarajah Uthayarajah (employer)

Mississauga, Ontario

and

Bel Marine Retirement Residence (business)

228 Dundas Street East

Belleville, Ontario


Matter:

Employment standards

                                   

Convictions:

Employment Standards Act

Section 103

Section 105

Section 132

Section 136(1)

                                               

Crown Counsel:

Nicole Sylvester

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