4. Section 44 of the principal enactment is hereby amended by the repeal of subsection (3) of that section and the substitution therefor, of the following subsection:
"(3) On conviction of an employer under subsection
(1) or subsection (2). the court may in addition to any other sentence, order the employer to pay
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(a) where a worker has not been paid the amount which
ought properly to have been paid to that worker, such sum as may be found by the court to represent the difference between Such amount and the amount actually paid and the recharge calculated in the manner set out in subsection (2A) of section 4; or
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(b) where no portion of the wages due to that worker has been paid, such sum as may be found by that court to represent such wages and the surcharge calculated in the manner set out in subsection (2A) of section 4. ".
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