Section 79 — Employment Act

(1)

Any employer who —

(a)

employs any person as an employee contrary to the provisions of this Part; or

(b)

fails to pay any salary in accordance with the provisions of this Part, is guilty of an offence and liable on conviction to a fine not exceeding $800, and for a second or subsequent offence to a fine not exceeding $1,600, imprisonment for a term not exceeding one year or both.

(2)

This section does not apply where the terms of service under which a person is employed are provided for in a collective agreement entered into before the commencement of this Act and while the collective agreement remains in force.

(3)

Notwithstanding subsection (1) —

(a)

an employer and his employees or a trade union representing his employees may negotiate for and agree to terms of service relating to leave more favourable than those contained in sections 71 and 72; and

(b)

it shall not be an offence for an employer to grant to his employees terms of service relating to leave more favourable than those contained in sections 71 and 72.

Employment

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