Employment agency loses licence after court upholds overcharging conviction

By The SUN

 

Labour prosecuted the agency staff for overcharging an FDH

An employment agency called Talent (Kenya) Company Limited had its licence revoked by the Employment Agencies Administration after its staff member lost an appeal against an overcharging conviction on Sept 6.

A statement from the Labour Department issued late on Friday said the employment agency returned its licence to EAA on Sept 8 after it ceased operations on Sept. 4.

“The Commissioner (for Labour) will cancel the licence of the EA according to Regulation 8 of the Employment Agency Regulations,” said the statement.

PINDUTIN PARA SA DETALYE

PINDUTIN PARA SA DETALYE

The prosecution against the agency staff was initiated in 2019 after two foreign domestic helpers complained about the accused charging them an excessive commission. Following an investigation, the Labour Department initiated prosecution against the Talent (Kenya) personnel.

The staff denied the allegation but after trial, was convicted of overcharging an FDH and was fined $8,000 on May 31, 2021 at Shatin Magistrates’ Court. The accused appealed against the conviction but this was dismissed by the High Court last Tuesday.

Labour reminded employment agency operators to abide by the law and the provisions of the Code of Practice for EAs at all times.

PINDUTIN PARA SA DETALYE

PRESS FOR DETAILS!

Under section 53(1) (e) (i) of the Employment Ordinance, the Commissioner for Labour (Commissioner) may revoke the licence of an EA if he is satisfied on reasonable grounds that staff of the agency has contravened any provision of the Employment Ordinance of did not comply with the CoP.

Under the CoP officers of an agency are required to closely supervise their staff, and could be held equally liable if someone in their employ is found to have violated the EO and/or standards in the CoP.

Press for details

BASAHIN ANG DETALYE

Labour said it will check whether the EA's operator  or related persons, as well as staff, have any relevant conviction record when processing applications for issue and renewal of an EA licence,  so as to prevent offenders from operating the same business again.

For enquiries about matters related to EAs or complaints about their malpractice, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

PADALA NA!

PRESS FOR DETAILS