An Ontario employer has been jailed this week after failing to fully compensate his employees, despite the Ministry of Labour issuing an order to pay more than two years ago.
Peter David Sinisa Sesek was given with the order on March 31, 2015 after he was found to have underpaid 43 former employees to the tune of $140,000.
The staff had been employed across the now-defunct business Academic Montessori as well as a summer camp in Mississauga but they were left out-of-pocket and missing pay cheques.
The amounts owing to the claimants dated from the 2014 operating year and ranged from $700 to $12,000 – all wages are still yet to be paid.
On Tuesday, the case was heard in Mississauga court and Justice of the Peace Hilda Weiss convicted Sesek for failure to comply with an order to pay and sentenced him to 30 days in jail. She also handed down a $20,000 fine.
“A person who contravenes the ESA or its regulations, or fails to comply with an order under the act, is guilty of an offence,” said a spokesperson for the Ontario Ministry of Labour.
Under the ESA, an individual convicted under the ESA may be fined up to $50,000 or imprisoned for up to 12 months – or both. For a corporation, the fine may be up to $100,000 however if they have been previously convicted the fine may increase to $250,000 and if it holds more than one previous conviction, it can face a fine of 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.