Court Bulletin - New Friends of Children Inc. and its directors fined $18,500 for failing to comply with order to pay



    BARRIE, ON, May 4 /CNW/ - New Friends of Children Inc., operator of a
group home for adolescents in Barrie, was fined $15,000 on April 22, 2009 for
violating the Employment Standards Act (ESA) by failing to comply with orders
to pay wages owed to former employees. The employees worked at the business's
facility at 12 Brunton Crescent in Barrie. Company directors Faye Hughes and
Keith Earl Nicholson were also fined $2,500 and $1,000 respectively.
    The Ministry of Labour investigated claims for unpaid wages, overtime
pay, public holiday pay and vacation pay owing to two former employees of New
Friends of Children Inc., and concluded wages had not been paid in accordance
with the ESA. An order to pay in the amount of $5075.95 was issued on August
17, 2006 and a further order to pay in the amount of $471.05 was issued
November 8, 2006 to New Friends of Children Inc. The company failed to
promptly pay the orders.
    New Friends of Children Inc. was found guilty under the act of two counts
of failing to comply with an order to pay.
    Company director Keith Earl Nicholson was found guilty of authorizing,
permitting or acquiescing in the company's failure to comply with an order to
pay. Company director Faye Hughes was found guilty of two counts of
authorizing, permitting or acquiescing in the company's failure to comply with
an order to pay.
    The orders to pay were paid before the court imposed the sentence. The
fines were imposed by Justice of the Peace B. Norton. In addition to the fine,
the court imposed a 25-per-cent victim fine surcharge on the total, as
required by the Provincial Offences Act. The surcharge is credited to a
special provincial government fund to assist victims of crime.


    
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                        Court Information at a Glance
                        -----------------------------

    Location:             Ontario Court of Justice
                          114 Worsley St., Courtroom 1
                          Barrie, Ontario

    Judge:                His Worship Justice of the Peace Brian Norton

    Date of Sentencing:   April 22, 2009

    Defendants:           New Friends of Children Inc.
                          Keith Earl Nicholson
                          Faye Hughes

    Matter:               Employment Standards

    Conviction(s):        New Friends of Children Inc.
                          Section 103(8)
    (http://webx.newswire.ca/click/?id=81d7ae45a69d94f),
                          contrary to section 132 of the ESA
    (http://webx.newswire.ca/click/?id=fe3e262a646ed01),
                          for both orders to pay.

                          Keith Earl Nicholson
                          Section 103(8)
    (http://webx.newswire.ca/click/?id=81d7ae45a69d94f),
                          contrary to section 137(1) of the ESA
    (http://webx.newswire.ca/click/?id=be7f9dc3f72740e),
                          for one Order to Pay

                          Faye Hughes
                          Section 103(8)
    (http://webx.newswire.ca/click/?id=81d7ae45a69d94f),
                          contrary to section 137(1) of the ESA
    (http://webx.newswire.ca/click/?id=be7f9dc3f72740e),
                          for both Orders to Pay

    Crown Counsel:        Natasha Wilson

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For further information:

For further information: Media contact: Rob Ashley, Ministry of Labour,
(416) 326-0925

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