CAP. 63]
[s. 4 cont.]
Penalty for not paying wages in accordance with minimum rate which has been made obligatory.
9 Edw. 7, c. 22, s. 6.
22 of 1950. Schedule.
8 & 9 Geo. 5, c. 32, s. 9 (1).
Trade Boards.
special process in the work of the trade or to any special area, or to any class of workers in the trade, or to any class of workers in any special process or in any special area. If a Trade Board report to the Governor that it is impracticable in any case to fix a general minimum time-rate in accordance with this section, the Governor may so far as respects that case relieve the Trade Board of their duty.
5. (1) Where any minimum rate of wages has been fixed by the Governor in Council under this Ordinance, an employer shall, in cases to which the minimum rate is applicable, pay wages to the person employed at not less than the minimum rate clear of all deductions, and if he fails to do so shall be liable on summary conviction in respect of each offence to a fine of five hundred dollars and to a fine of fifty dollars for each day on which the offence is continued after conviction therefor.
(2) On the conviction of an employer under this section for failing to pay wages at not less than the minimum rate to a person employed, the court may by the conviction adjudge the employer convicted to pay, in addition to any fine, 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.
432
САР. 63]
[s. 4 cont.]
Penalty for not paying wages in accordance with mini-
mum rate which has
been made obligatory.
9 Edw. 7, c. 22, s. 6.
22 of 1950. Schedule.
8 & 9 Geo. 5, c. 32, s. 9 (1).
Trade Boards.
special process in the work of the trade or to any special area, or to any class of workers in the trade, or to any class of workers in any special process or in any special area.. If a Trade Board report to the Governor that it is impracticable in any case to fix a general minimum time- rate in accordance with this section, the Governor may so far as respects that case relieve the Trade Board of their duty.
5. (1) Where any minimum rate of wages has been fixed by the Governor in Council under this Ordinance, an employer shall, in cases to which the minimum rate is applicable, pay wages to the person employed at not less than the minimum rate clear of all deductions, and if he fails to do so shall be liable on summary. conviction in respect of each offence to a fine of five hundred dollars and to a fine of fifty dollars for each day on which the offence is continued after conviction therefor.
(2) On the conviction of an employer under this section for failing to pay wages at not less than the minimum rate to a person employed, the court may by the conviction adjudge the employer convicted to pay, in addition to any fine, 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.
432
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