Offences of agent

(1) Where an offence for which an employer is by virtue of this Act liable to penalty, has in fact been committed by some agent of that employer or by some other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if the agent or other person were the employer, either together with, or after the conviction of the employer and shall be liable on conviction to the same punishment as that to which the employer is liable. (2) Where an employer who is charged with an offence against this Act proves to the satisfaction of the Court that, 9 (a) the employer has used due diligence to enforce the execution of this Act; and (b) the offence was in fact committed by the agent of the employer or by some other person without the employer’s knowledge, consent or connivance, then in the event of the conviction of that agent or other person for the offence, the employer shall not be convicted of the offence, without prejudice, to the power of the Court to make an order under section 4 (2) of this Act. (3) Where the immediate employer of any employee is also in the employment of some other person and that employee is employed on the other person’s premises, that other person shall, for the purposes of the provisions of this Act relating to the enforcement of section 3(1) of this Act, be deemed to be an employer of the employee jointly with the immediate employer.