Local company Advanced Road Construction & Paving Ltd. is facing charges of failing to pay wages to five complainants.
Attorney Clyde Allen appeared in Summary Court on Tuesday for the company. The matter first came to Summary Court on June 3, 2014.
Mr. Allen said that, given the date his clients were warned for prosecution, the charges were out of time.
Matters that are Summary Court only must ordinarily be brought within six months.
Crown counsel Greg Walcolm agreed that one of the six charges was out of time, based on when the Labour Board received the complaint.
He told Magistrate Valdis Foldats that the first charge on the file was based on a complaint made on Sept. 18, 2013. He said the six charges were filed on May 6, 2014, which made this one out of time. All the other charges were based on complaints received afterwards, Mr. Walcolm indicated.
Mr. Allen disagreed, saying all of the workers went to the Labour Board at the same time.
“What I need is for the Crown to show me when persons came in and lodged complaints,” he said. “If the Crown is right, we need to enter pleas as soon as possible.”
The magistrate set Tuesday, Sept. 30 as the next mention date. Court papers show that the directors of ARCP are Peter Young, Samuel Young and Justin Wood. The managing director until late 2013 was Kenneth Young.
The largest amount of wages allegedly not paid is $6,345.60 during a period from October 2011 to July 2013.
The longest period in which wages allegedly were not paid was September 2006 to June 2013; the amount claimed in $2,257.
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