Friday, April 12, 2013

Company Director Jailed for Failing to Comply with Order to Pay Wages Owed to Young Workers



Court Bulletin

Company Director Jailed for Failing to Comply with Order to Pay Wages Owed to Young Workers



Ministry of Labour

BRAMPTON, ON - A director who failed to ensure a company paid wages to 68 employees has been convicted of failing to comply with three orders to pay and has been sentenced to 90 days in jail, fined $15,000 and ordered to pay outstanding wages.

The defendant, Peter Check of Cambridge, operated a business in Mississauga known as All Pool Solution and Aquatic Pools Solutions. The Ministry of Labour received employment standards claims in 2007 and 2008 for unpaid wages from former employees of companies operated by Check. A number of the claimants were young people who worked as lifeguards.

An extensive investigation by Ministry of Labour employment standards officers found that wages ranging from $80 to $3,100 were owed and issued three orders to pay between December 2008 and May 2009. The amount of the orders totaled about $63,000. The majority of the wages - about $55,000 - are still unpaid. In addition to the jail term and fines, Check was ordered to pay the outstanding wages.

The conviction was imposed by Justice Donald Cooper. 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.


Court Information at a Glance

Location:                    Ontario Court of Justice
                                    7755 Hurontario Road
                                    Brampton, ON

Judge:                         Justice Donald Cooper
                                   
Date of Sentencing:     April 8, 2013

Defendant:                   Peter Check as a director of 2092263 Ontario Inc.

Matter:                         Employment Standards Act

Conviction:                  ESA, Section 137(1) - 3 counts

Crown Counsel:           Line Forestier


hrnc.ca

Wednesday, April 10, 2013

Employer and Supervisor fined after Co-op Student Injured

News Release

CRS Specialties Inc. and Supervisor Fined $59,000 After Co-op Student Injured

  Ministry of Labour

St. Catharines, ON - CRS Specialties Inc., a Welland manufacturer of rebar bending equipment, was fined $55,000 for a violation of the Occupational Health and Safety Act after a student, working there as a co-operative education placement, was injured. A further fine of $4,000 was imposed on a supervisor for a similar violation of the act during the investigation of the incident.

On March 23, 2011, at the company's Welland workplace, the student was taking apart a fan and washing it in a Varsol bath. When finished, the student was told to start a welding task. When beginning the task, the young worker was wearing a polyester-blend sweatshirt over overalls. Polyester materials are susceptible to ignition and should not be worn while welding. The student was not supplied with a welding jacket, welding sleeves, neck shroud or flame-retardant clothing. The supervisor did not intervene to make sure the student removed the sweatshirt and had sufficient apparel to prevent injury.

While the student was welding, the sweatshirt ignited and caught fire. The student suffered second degree burns.

Later, on March 28, 2011, while the Ministry of Labour was investigating that incident, an inspector saw another worker in the same workplace not wearing apparel sufficient to prevent injury while welding. The worker was wearing a polyester-blend sweatshirt and only one welding sleeve.

CRS Specialties Inc. pleaded guilty to failing to ensure that a competent person was appointed as supervisor.

Supervisor Chad Corriveau pleaded guilty to failing to ensure that a worker was wearing apparel sufficient to protect the worker from injury while welding.


The fines were imposed by Justice of the Peace B. Phillips. 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.


Court Information at a Glance

Location:                      Ontario Court of Justice
                                      71 King St.
                                      St. Catharines, ON

Judge:                          Justice of the Peace B. Phillips

Date of Sentencing:     April 4, 2013

Defendant:                   CRS Specialties Inc.

Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 851, Section 84
                                      Occupational Health and Safety Act,
                                      Section 25(2)(c), Section 27(1)(a)

Crown Counsel:           Daniel Kleiman