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Ontario employer jailed, fined for failure to obey order to pay $140,000 in wages

Jurisdiction: - Ontario
Sector: - Education

This is the Ontario Ministry of Labour's June 6, 2017 Court Bulletin:

MISSISSAUGA, ON - An employer who operated a Brampton business known as Academic Montessori and a summer camp in Mississauga and failed to pay his workers - many of them university students - has been convicted after a trial.

The conviction of Peter David Sinisa Sesek, imposed in Mississauga court, was for failure to comply with an order to pay issued by a Ministry of Labour employment standards officer. A sentence of 30 days in jail and a fine of $20,000 was imposed by Justice of the Peace Hilda Weiss on June 6, 2017.

The order to pay, issued March 31, 2015, amounts to about $140,000 and is owed to 43 claimants.

The businesses, which are no longer in operation, were known as Academic Montessori and WISE (Wonderful Interactive Summer Experience) Summer Camp.

The amounts owing to the 43 claimants dated from the 2014 operating year amounted to about $127,000 and ranged from $700 to $12,000. All wages were owing at the time of sentence.

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 corporation 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.