୮
8 & 9 Geo. 5, e. 32, s. 9
(1).
Liability of agents and
other
580
adjudge the employer convicted to pay, in addition to any tine, such sum as appears to the court to be due to the person employed on account of wages, the wages being calculated on the basis of the minimum rate, but the power to order the payment of wages under this provision shall not be in derogation of any right of the person employed to recover wages by any other proceedings.
(3) Where an employer has been convicted for failing to pay wages at not less than the minimum rate to any worker then if notice of intention so to do has been served with the summons warrant or complaint evidence may be given of any failure on the part of the employer to pay wages at not less than the minimum rate to that worker at any time during the two years immediately preceding the date on which the information was laid or the complaint was served and on proof of the failure the court may order the employer to pay such sum as in the opinion of the court represents the difference between the amount which having regard to the provisions of this Ordinance ought properly to have been paid to the worker by way of wages during those years and the amount actually so paid.
(4) It shall be the duty of every employer in a trade to which a minimum rate is applicable, to keep such records of wages as are necessary to show that the provisions of this Ordinance are being complied with as respects persons in his employment, and if he fails to do so he shall be liable on summary conviction in respect of each offence to a fine not exceeding fifty dollars and also to a fine not exceeding twenty five dollars for every day during which the default continues after conviction.
On any prosecution of a person for failing to pay wages. at not less than the minimum rate, it shall lie on that person to prove that he has not paid wages at less than the minimum
rate.
(5) Any agreement for the payment of wages in contra- vention of this provision shall be void.
6.-(1) Where an offence for which an employer is by virtue of this Ordinance liable to a fine has in fact been committed by some agent of the employer or other person, 8&9 Geo. 5, that agent or other person shall be liable to be proceeded
persons.
c. 32, s. 5.
against for the offence in the same manner as if he were the employer, and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable.
(2) Where an employer who is charged with an offence against this Ordinance proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Ordinance and that the offence was in fact committed by his agent or some other person without his knowledge, consent, or connivance, he shall, in the event of the convic- tion of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under sub-sections (2) and (3) of section 5 to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages.
(3) Where the immediate employer of any worker to whom a minimum rate of wages applies is himself in the