An employer who pleaded guilty to two charges of making unlawful deductions from an employee’s pay was given a suspended sentence on Thursday and ordered to pay compensation.
On behalf of Nadine’s Set Di Trend Beauty and Barber Salon, Belcia Auboine admitted not paying an employee between Nov. 4, 2015 and March 3, 2016.
The matter first came to court in October 2016 and was originally set for trial in June 2017.
At one stage, there was some question as to whether the salon was operational during the period of the alleged offense.
The proprietor had health issues that also caused several adjournments.
Crown counsel Kerri-Ann Gillies told Magistrate Grace Donalds that the female complainant had been recruited from Jamaica.
Indications were that she should send money for her work permit and airfare. When she arrived on island, she was not given a contract of employment, but was told she would be paid on commission.
In March 2016, she declined to sign a contract because she was told she would not receive any remuneration for the period since Nov. 4. She had received no wages.
In a victim impact report, she said $1,567 would cover the payments she had made for her permit and its renewal, plus wages.
Defense attorney John Furniss explained that the worker and a relative had been staying at the proprietor’s premises and not paying rent.
The money the worker earned by commission apparently equalled sums owed for rent and utilities.
Mr. Furniss said his client had serious medical issues.
She was willing to pay the amount sought, but asked for time. He also asked for no conviction to be recorded because of the circumstances of the case.
The magistrate said she did not consider this to be an appropriate case for such a disposal, but she did give the defendant three months to pay the $1,567.
She imposed a prison sentence of two months for each offense, but suspended them for two years.
A charge of failure to furnish statement of wages was left on file.