6 Oct 1994
JETEX HVAC EQUIPMENTS LTD. v. COMMISSIONER FOR LABOUR AND ANOTHER
- Citation
- JETEX HVAC EQUIPMENTS LTD. v. COMMISSIONER FOR LABOUR AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV114/1994
The prosecution commenced when the information was laid by the Labour Department officer; in substance that constituted a prosecution brought in the name of the Commissioner for Labour because officers act under the Commissioner's direction (Carltona principle); the absence of the Commissioner's literal name on the information or the summons was not fatal and did not render the information a nullity; the magistrate's purported amendment of the summons was a nullity but the High Court's broader prohibition was improperly granted and is discharged, with the information restored to the magistrat…