Employee should not be the only person before the court, magistrate says
Magistrate Nova Hall fined Ilsia Samuel Terrero $200 last week for employing another person without a work permit. Terrero, who had a permit as a barber, told the court he not only managed the salon where he was employed but he was 40 per cent owner.
The magistrate asked if there had been a deeper investigation because “he faces consequences and the employer is not here.”
Crown Counsel Marilyn Brandt said no action had been taken against the employer.
That fact did not lessen Terrero’s culpability, the magistrate said, but it would affect the outcome because she liked to see a balanced approach.
She indicated that because Terrero himself was on a work permit, he had to know when permits were needed. However, on a charge of working outside the terms and conditions of his permit, she did not record a conviction.
The defendant had pleaded guilty to both charges on an earlier occasion and asked that the matter be dealt with quickly.
Ms Brandt said the offences came to light in August when Terrero went to the Enforcement Section of the Immigration Department to answer questions about the employment of a woman at the salon without the appropriate permit. Terrero said he was the manager and he had employed her.
The woman was dealt with administratively, Ms Brandt indicated.
Terrero, 32, told the court he did not really know the law of this country. He said there was “an agreement between the place and me that I buy into the salon. I fix the place properly. I should never be in this position,” he said. He handed up to the court what he indicated was the agreement document, saying he was 40 per cent owner.
The magistrate asked if his partner knew he had been arrested. Told yes, she asked if the partner were present in court. “Not really,” Terrero replied.
The magistrate then asked if he had told Immigration he had a partner. “Not really,” he replied.
Before passing sentence, the magistrate said she could not take Terrero’s explanation of not understanding the law at face value. She pointed out that there is a difference between being a barber and conducting business as a manager.
The offence of working outside the terms and conditions of his permit covered the period from 2 September 2010 to 1 September 2011.
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