Fines total $720,000 for failure to pay wages, produce records
Three Ottawa-based corporations and their directors have been convicted for multiple offences under the Employment Standards Act (ESA), following a trial in Provincial Offences Court.
The court imposed fines totaling $720,000 against 11997629 Canada Ltd., 8633177 Canada Inc., and 9039376 Canada Inc., along with their directors Keo Vichira Yong, Doris Sow, and Korka Sow.
In the trial, the defendants were found guilty of 20 offences, including failing to comply with orders to pay wages and demands for records, spanning from July 2021 to December 2022.
The three corporations were fined $545,000 for 10 counts of failing to comply with wage orders and two counts of failing to comply with record demands, while the three directors were collectively fined $175,000 for eight counts of failing to comply with wage orders.
Unpaid wages, refusal to produce records under ESA
The conviction stemmed from seven employees filing claims with the Ministry of Labour, Immigration, Training and Skills Development for unpaid wages, totaling roughly $340,000. Despite orders issued by an employment standards officer to pay the owed wages, both the companies and directors failed to comply, leading to legal action.
“Failing to comply with an order issued by an employment standards officer is an offence under sections 132 and 136 of the ESA,” said a government release.
Additionally, the companies refused to produce records requested by the officer, resulting in further offences.
“Under subsection 91(8) of the ESA, a person who has custody of a record shall produce it if an employment standards officer demands it be produced. It is an offence under section 132 to fail to comply with a requirement under the ESA,” said the release from the Ministry of Labour, Immigration and Skills Development.
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.
