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Convictions Upheld After Re-trial for Mississauga Employer's Failure to Obey Orders to Pay Wages

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Convictions Upheld After Re-trial for Mississauga Employer's Failure to Obey Orders to Pay Wages

Ministry of Labour

Convicted: Peter David Sinisa Sesek, operator of a Brampton business known as Academic Montessori, and a summer camp in Mississauga known as Wonderful Interactive Summer Experience (WISE) Summer Camp. Business address: 50 Burnhamthorpe Road West, Mississauga, Ontario.

Description of Offence: Sesek failed to pay workers and failed to comply with an order to pay issued by a Ministry of Labour employment standards officer under the Employment Standards Act.

Date of Order to Pay: March 31, 2015.

Date of This Conviction: March 5, 2019.

Penalty Imposed:
  • Following an appeal and a re-trial, Sesek was again ordered to pay $127,718 plus an administrative fee of $12,771 for a total amount payable of $140,490 as ordered by Justice of the Peace Diane M. McAleer in provincial court, 950 Burnhamthorpe Road, Misssissagua; Crown Counsel Katherine Ballweg.
  • Sesek was fined $28,000 plus a 25-per-cent victim surcharge.
  • The 25-per-cent victim fine surcharge is required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

 Background:

  • The original conviction, on June 6, 2017, was for amounts owing to 43 claimants dating from the 2014 operating year and ranged from $700 to about $12,000. These were wages, holiday pay and termination pay that were owing to camp counsellors and Montessori teachers at the time of the first sentence.
  • At that time, a fine of $20,000 and a sentence of 30 days in jail was imposed by Justice of the Peace Hilda Weiss.
  • The businesses ceased to operate before the first trial.
  • Sesek did not attend the first trial and appealed the conviction.
  • Justice McAleer found that Sesek had not made any payments toward the order in four years (March 2015 to March 2019) and as such was guilty of the offence as charged. She also noted that, as it was a continuing offence, he continued to be in contravention for each day he failed to pay the order.
  • Sesek was also convicted under the Consumer Protection Act for failure to refund (4 charges dated September 22, 2016) $3,968 owed to parents of children who paid to attend the Montessori school but could not after the school closed. Sesek was fined $1,000 for that offence.
  • The combined total of wages to be paid, fines, refunds and victim surcharges amount to over $204,000.

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