K9 Security Services Ltd. Pleads Guilty To 53 Counts Of Failure To Pay Overtime & Not Guilty To 52 Counts Of Failure To Pay Public Holiday Remuneration
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By Alric Lindsay
Penny Rivers appeared on behalf of K9 Security Services Ltd. in the Summary Court today, January 14, 2025, to answer 52 counts of alleged failure to pay public holiday remuneration and 53 counts of alleged failure to pay overtime. She pleaded guilty to the overtime allegations and not guilty to the public holiday pay allegations.
Payments allegedly made
Regarding the status of the payments, it was stated in the Summary Court that cheques were made out to the Government. However, the Government would not accept them because it wanted them made out to the individuals concerned.
Beyond the attempts to pay the amounts to the Government, it is understood that some payments were made on behalf of K9 Security Services Ltd. to specific individuals.
Regarding these payments, it was noted in the Summary Court that “One of the biggest issues giving rise to delay in this case has been the Department of Labour and Pensions trying to contact individuals to confirm whether they’ve been paid or not, and also waiting to hear from Ms. Rivers whether she can provide receipts to confirm that she has in fact paid.”
Further, in the absence of Angela Madourie of the Department of Labour & Pensions, the payment amounts could not be confirmed to the Summary Court.
Next steps
In the circumstances, the Chief Magistrate accepted the guilty pleas for non-payment of overtime and not guilty pleas for public holiday pay.
Rivers is to return to the Summary Court on behalf of K9 Security Services Ltd. on March 3, 2025, at which time a full schedule of payments will be presented.
Note to readers:
Failure to pay overtime is covered by section 25(4) of the Labour Act. This states:
Occasions for overtime pay
25. (1) An employer shall pay overtime pay to an employee for every hour of work in excess of the standard work week or a standard work day.
(2) Notwithstanding subsection (1), the parties to a contract of employment may provide, either generally by an agreement in writing or specifically in relation to any period of less than one week by an oral agreement, that the employee shall work more than the hours provided for by the standard work week and shall receive time-off equivalent to the extra hours in lieu of overtime pay.
(3) Notwithstanding subsection (1), in the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that no overtime should be paid, in which case the obligation to pay overtime to that employee in accordance with subsection (1) shall not apply.
(4) Any employer who contravenes subsection (1) commits an offence.
(5) In addition to any fine imposed for an offence under subsection (4) the Court may, before or upon sentencing the employer, order that person to pay to the employee any overtime pay due for any period in respect of which an offence was committed.
(6) Any sum ordered to be paid under subsection (5) may be enforced as a fine.
Public holiday pay is covered under section 16 of the Labour Act. This states:
Public holiday pay
16. (1) If an employee does not work on a public holiday that person shall be paid the basic wage that person would normally have received for work performed on that day had it not been a public holiday, provided that person has worked that person’s scheduled work day immediately before and that person’s scheduled work day immediately after the said public holiday.
(2) Subject to subsection (3), if an employee does work on a public holiday that person shall be paid at double that person’s normal rate of pay for the hours actually worked that day, and where that person works less than the full day that person shall, in addition, be paid at the normal rate for any hours by which the time actually worked falls short of that person’s normal working day.
(3) For the avoidance of doubt the provisions of subsections (1) and (2) are not cumulative so that where an employee does work on a public holiday it is not necessary to add that person’s entitlement under subsection (2) to the basic wage referred to in subsection (1).
(4) An employee may, by mutual agreement between themselves and that person’s employer, take time off in lieu of a public holiday in which case that person shall not be paid double pay for working on any such holiday.
(5) In the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that subsections (1) and (2) shall not apply, in which case the employee shall not be paid double pay for working on a public holiday.
(6) Notwithstanding section 13, an employee serving a probationary period under section 8 is entitled to payment for public holidays.
