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| November 2008 |
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Ministry of Labour
Court Bulletin - Amato Pizza fined $120,000 for ignoring orders to pay |
TORONTO, Oct. 29 /CNW/ - 1428284 Ontario Inc. (formerly know as Amato Pizza), and 1636832 Ontario Inc. also known as M.C.W. & Co., were each fined $120,000 in the Ontario Court of Justice on October 24, 2008, for numerous violations of the Employment Standards Act in connection with wages owed to former employees.
On September 15, 2008, Justice of the Peace Habte Worku heard that the Ministry of Labour had investigated claims for unpaid wages and found that the companies owed approximately $42,000 to six employees who worked for the companies in 2005. The companies and their directors were issued six orders to pay. The companies were convicted of six violations each of failing to comply with orders to pay under section 103(8) of the Employment Standards Act, 2000. This was contrary to section 132 of the act.
The company directors were convicted of six counts each of authorizing, permitting or acquiescing with a contravention of section 103(8) of the Employment Standards Act. This was contrary to section 137(1) of the act. On October 24, 2008, Justice of the Peace Habte Worku, of the Ontario Court of Justice in Toronto, fined both companies $120,000 each and fined the company directors $10,000 each.
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. |
Ministry of Labour
Court Bulletin - Sora Contractors Ltd. fined $70,000 for injury of worker |
TORONTO, Oct. 27 /CNW/ - Sora Contractors Ltd. pleaded guilty and was fined $70,000 in Old City Hall Courtroom on October 23, 2008, after the injury of a worker on a utilities project.
Justice of the Peace Odida Quamina heard that on May 9, 2007, at 99 Signet Drive in Toronto a worker employed by the defendant removed a wooden pallet covering a manhole to enter and complete some work in the manhole. The worker then climbed out and went to another location on the project and did not replace the pallet over the opening. Subsequently, a bulldozer operator also employed by the defendant parked the vehicle, walked towards the manhole and fell in. The bulldozer operator sustained serious injuries to the left ankle, back and head and had to be extracted with rescue equipment.
Sora Contractors Ltd. was fined $70,000 for failing, as an employer, to ensure that the measures and procedures prescribed in section 26.3(2) of Ontario Regulation 213/91, to prevent a worker from falling through an opening
on a work surface, were carried out at the project. This was contrary to section 25(1)(c) of the Occupational Health and Safety Act.
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. |
Ministry of Labour
Ganz fined $250,000 and temp agency owner fined $20,000 after worker dies |
NEWMARKET, ON, Nov. 14 /CNW/ - Ganz, a company that distributes stuffed novelties for carnivals and the toy industry, pleaded guilty today and was fined $250,000 in the Ontario Court of Justice after the death of a worker in
its warehouse located at 51 Vinyl Court in Woodbridge, Ontario. On September 22, 2007, a temporary worker provided by a Toronto temporary employment agency to Ganz was stacking boxes on a racking system. The worker, standing on wooden skids 3.9 metres above the warehouse floor, fell and died of resulting injuries.
Justice of the Peace K. Walker fined S.H. Ganz Holdings Inc. and 816877 Ontario Limited, together operating a partnership known as Ganz, $250,000 for failing to ensure that a worker exposed to the hazard of falling more than three metres was wearing a safety belt or harness as required by section 85 of Ontario Regulation 851. This was in violation of section 25(1)(c) of the Occupational Health and Safety Act. On September 19, 2008, the owner of A+ Staffing pleaded guilty and was fined $20,000 in the Ontario Court of Justice in Newmarket in connection with the death of the same worker.
Young Hee Chae, carrying on business as A+ Staffing, pleaded guilty to failing, as an employer, to provide information, instruction and supervision to a worker to protect the worker's health and safety, specifically relating to safe material handling and stacking procedures including how to safely place and remove material from the racks. This was contrary to section 25(2)(a) of the Occupational Health and Safety Act.
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. |
Ministry of Labour
Court Bulletin - Con-Drain fined $250,000 in death of worker at Vaughan subdivision project |
NEWMARKET, ON, Nov. 14 /CNW/ - Con-Drain Company (1983) Limited was fined $250,000 in the Ontario Court of Justice, Newmarket, on November 12, 2008, after being convicted of one charge relating to the death of a worker. Justice S. Armstrong heard that on March 2, 2005, an employee of Con-Drain working on the installation of sewer lines in a new residential subdivision on Via Campanile near Rutherford Road in Vaughan was killed by a crawler crane, a type of movable crane. The crane, weighing 54.4 metric tons, was being used to transfer and lay pipe in a trench. The victim was standing behind the crane, talking to another worker, when it was reversed by the operator. The worker was run over by the track of the crane and was pronounced dead at the scene.
Con-Drain Company (1983) Limited was convicted of failing, as an employer, to ensure that signs were posted at the project in conspicuous places warning workers of the danger posed by reversing vehicles. These procedures are prescribed by section 104 of Ontario Regulation 213/91. This was contrary to subsection 25(1)(c) of the Occupational Health and Safety Act.
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. |
Ministry of Labour
Court Bulletin - Toronto Personnel Inc. fined $40,000 and Cam Tool & Die Ltd. fined $120,000 for the death of a worker |
NEWMARKET, ON, Nov. 13 /CNW/ - Cam Tool & Die Ltd., an automotive stamping plant, pleaded guilty and was fined $120,000 in the Ontario Court of Justice on November 6, 2008, after the death of a worker. The temporary
employment agency Toronto Personnel Inc., carrying on business as Winters Technical Staffing, pleaded guilty at the same hearing and was fined $40,000 in relation to the death.
Justice P. West heard that on November 22, 2006, Toronto Personnel Inc. sent an employee to Cam Tool & Die Ltd. as a general labourer to work on a power press. The worker was between the machine's safety sensor and its
pressing mechanism when another worker activated the machine. The press cycled, and the worker was crushed to death.
Cam Tool and Die Ltd. and Toronto Personnel Inc. both failed, as employers, to provide information, instruction, and supervision to a worker to protect the health or safety of the worker, contrary to paragraph 25(2)(a) of the Occupational Health and Safety Act. Cam Tool and Die Ltd. was fined $120,000 and Toronto Personnel Inc. was fined $40,000.
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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