Public Prosecutor v Donohue Enilia: Appeal Against Refusal of Compensation Order for Unpaid Foreign Worker Salaries
In Public Prosecutor v Donohue Enilia, the High Court of Singapore heard an appeal by the Public Prosecutor against the trial judge's refusal to grant a compensation order for unpaid salaries to a foreign worker, Achdaniah, employed by Donohue Enilia. The respondent pleaded guilty in the Magistrate’s Court to charges under the Employment of Foreign Workers Act. Yong Pung How CJ allowed the appeal, granting a compensation order for the maid's unpaid salaries, emphasizing the vulnerability of foreign domestic workers and the importance of protecting their rights.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against trial judge's refusal to grant compensation for unpaid salaries to a foreign worker. High Court allowed the appeal and granted compensation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Benjamin Yim of Deputy Public Prosecutor |
| Donohue Enilia | Respondent | Individual | Appeal Allowed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Benjamin Yim | Deputy Public Prosecutor |
4. Facts
- Donohue Enilia employed Achdaniah without a valid work permit from December 1, 2001, to August 9, 2003.
- Enilia failed to pay Achdaniah the salary declared in the Work Permit Application Form.
- A work permit was granted for Achdaniah on September 7, 2001, but revoked on December 1, 2001, due to unpaid levy.
- Enilia continued to employ Achdaniah after the work permit revocation.
- Achdaniah was not paid her salaries, totaling $4,630, from September 7, 2001, to August 9, 2003.
- Enilia made a payment of $1,050 to Achdaniah shortly before her plea of guilt.
- Achdaniah reported Enilia to the police on August 9, 2003, leading to the discovery of the offenses.
5. Formal Citations
- Public Prosecutor v Donohue Enilia, MA 119/2004, [2004] SGHC 248
6. Timeline
| Date | Event |
|---|---|
| Work permit granted for Achdaniah to work as a domestic maid for Donohue Enilia. | |
| Ministry of Manpower revoked Achdaniah's work permit due to Donohue Enilia's default on maid levy payment. | |
| Achdaniah reported Donohue Enilia to the police for unpaid salaries. | |
| High Court allowed the appeal and granted an order of compensation. |
7. Legal Issues
- Jurisdiction of High Court to hear appeal against refusal to grant compensation order
- Outcome: The High Court held that it had jurisdiction to hear an appeal against the refusal to grant a compensation order.
- Category: Jurisdictional
- Related Cases:
- [1993] 3 SLR 885
- [1999] 2 SLR 116
- Power of High Court to amend charge in appeal against refusal to grant compensation order
- Outcome: The High Court held that it had the power to amend a charge in an appeal against a refusal to grant a compensation order.
- Category: Procedural
- Related Cases:
- [2004] 2 SLR 93
- [2000] 2 SLR 645
- [1996] 1 SLR 401
- [1941] 1 MLJ 180
- [1996] 1 SLR 573
- [1998] 2 SLR 165
- [2003] 2 SLR 456
- Relevance of aggravating factors in determining grant and quantum of compensation
- Outcome: The High Court held that aggravating factors were not relevant in determining the quantum of compensation.
- Category: Substantive
- Factors to consider in granting compensation order
- Outcome: The High Court outlined several principles relevant for deciding whether a compensation order should be granted.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR 885
- [1999] 2 SLR 116
- (1974) 60 Cr App R 70
- [1976] Crim LR 694
- (1909) 10 Cr LJ 78
- (1993) 14 Cr App R (S) 648
- [1983] 1 All ER 456
- [1979] 1 All ER 48
- [1985] 2 All ER 1114
- (1973) 58 Cr App R 333
- (1981) 3 Cr App R (S) 192
- (1994) 15 Cr App R (S) 699
- (1984) 6 Cr App R (S) 206
- (1981) 3 Cr App R (S) 278
- [2004] 1 SLR 254
8. Remedies Sought
- Compensation for unpaid salaries
9. Cause of Actions
- Employing a foreign worker without a valid work permit
- Failing to comply with the conditions of a work permit
10. Practice Areas
- Criminal Law
- Employment Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Lee Meow Sim Jenny | High Court | Yes | [1993] 3 SLR 885 | Singapore | Cited to establish that a compensation order is not part of the sentence under s 256(c) of the Criminal Procedure Code. |
| Lim Poh Eng v PP | High Court | Yes | [1999] 2 SLR 116 | Singapore | Cited to support the view that a compensation order could be varied under s 256(d) in an appeal from any other order. |
| R v Inwood | Court of Criminal Appeal | Yes | (1974) 60 Cr App R 70 | England and Wales | Cited for the proposition that compensation orders are a convenient means of avoiding civil litigation when the criminal has means to pay. |
| R v Miller | N/A | Yes | [1976] Crim LR 694 | N/A | Cited to establish that a compensation order is not an alternative to a sentence. |
| Emperor v Maung Thin | N/A | Yes | (1909) 10 Cr LJ 78 | N/A | Cited to establish that the amount of compensation ordered should not exceed the amount of damage caused. |
| R v Deary | N/A | Yes | (1993) 14 Cr App R (S) 648 | N/A | Cited to establish that there must be a causal connection between the offence and the injury or loss for which compensation is ordered. |
| Bond v Chief Constable of Kent | N/A | Yes | [1983] 1 All ER 456 | N/A | Cited to support adopting a broad common-sense approach in assessing whether compensation should be awarded. |
| R v Vivian | N/A | Yes | [1979] 1 All ER 48 | N/A | Cited to establish that compensation will be ordered only in clear cases where the damage is either proved or agreed. |
| R v Horsham Justices, ex parte Richards | N/A | Yes | [1985] 2 All ER 1114 | N/A | Cited to establish that the assessment of loss or damage must be based on evidence and not simply on representations by the Prosecution. |
| R v Daly | N/A | Yes | (1973) 58 Cr App R 333 | N/A | Cited to establish that the power to make compensation orders should only be used for dealing with claims in straightforward cases. |
| R v Donovan | N/A | Yes | (1981) 3 Cr App R (S) 192 | N/A | Cited to establish that compensation orders are designed for cases where the amount of compensation can be readily and easily ascertained. |
| R v Briscoe | N/A | Yes | (1994) 15 Cr App R (S) 699 | N/A | Cited to establish that the court should not embark on any complicated investigation to determine questions as to the fact or quantum of loss. |
| Hyde v Emery | N/A | Yes | (1984) 6 Cr App R (S) 206 | N/A | Cited to establish that an order should only be made where the legal position is quite clear. |
| R v Parker | N/A | Yes | (1981) 3 Cr App R (S) 278 | N/A | Cited to establish that the order must not be oppressive, but must be realistic in that the court must be satisfied that the accused has the means to pay the compensation within a reasonable time. |
| Annis bin Abdullah v PP | High Court | Yes | [2004] 2 SLR 93 | Singapore | Cited to establish that with regards to appeals from conviction, the High Court has the power under s 256(b) to amend a charge and consequently convict an accused person on the amended charge. |
| Er Joo Nguang v PP | High Court | Yes | [2000] 2 SLR 645 | Singapore | Cited to establish that with regards to appeals from conviction, the High Court has the power under s 256(b) to amend a charge and consequently convict an accused person on the amended charge. |
| Garmaz s/o Pakhar v PP | Court of Appeal | Yes | [1996] 1 SLR 401 | Singapore | Cited to establish that with regards to appeals from conviction, the High Court has the power under s 256(b) to amend a charge and consequently convict an accused person on the amended charge. |
| Ng Ee v PP | N/A | Yes | [1941] 1 MLJ 180 | N/A | Cited to establish that the power to amend a charge under s 256(b) is not unlimited and has to be exercised with great caution and not to the prejudice of the accused person. |
| PP v Koon Seng Construction Pte Ltd | High Court | Yes | [1996] 1 SLR 573 | Singapore | Cited to establish that the power to amend a charge under s 256(b) is not unlimited and has to be exercised with great caution and not to the prejudice of the accused person. |
| PP v Annamalai Pillai Jayanthi | High Court | Yes | [1998] 2 SLR 165 | Singapore | Cited to establish that the High Court had the power under s 256(a) to amend a charge on an appeal against an acquittal, so long as no prejudice was suffered by the accused person as a result. |
| PP v R Sekhar s/o R G Van | High Court | Yes | [2003] 2 SLR 456 | Singapore | Cited to establish that the High Court also exercised powers under s 256 to amend a charge on appeal against an acquittal as opposed to an appeal against conviction. |
| Ho Yean Theng Jill v PP | High Court | Yes | [2004] 1 SLR 254 | Singapore | Cited to establish that a trial judge is always entitled to consider whether the discretion should be exercised to make a compensation order under s 401(1)(b) of the CPC. |
| PP v Norzian bin Bintat | High Court | Yes | [1995] 3 SLR 462 | Singapore | Cited to establish that the discretion is a judicial discretion and therefore one which must be exercised not only in accordance with the rules of reason and justice but also in accordance with the provisions of the law. |
| Kee Leong Bee v PP | High Court | Yes | [1999] 3 SLR 190 | Singapore | Cited to establish that where an order involves a discretion of the court, the appellate court will not interfere with the exercise of the discretion unless it was exercised on demonstrably wrong principles or without any grounds, or if the judge had ignored some relevant provision of law. |
| Lim Seng Gin v R | N/A | Yes | [1956] MLJ 76 | N/A | Cited to establish that where an order involves a discretion of the court, the appellate court will not interfere with the exercise of the discretion unless it was exercised on demonstrably wrong principles or without any grounds, or if the judge had ignored some relevant provision of law. |
| R v Lim Kian Soo | N/A | Yes | [1950] MLJ 181 | N/A | Cited to establish that where an order involves a discretion of the court, the appellate court will not interfere with the exercise of the discretion unless it was exercised on demonstrably wrong principles or without any grounds, or if the judge had ignored some relevant provision of law. |
| Ritter v Godfrey | N/A | Yes | [1920] 2 KB 47 | N/A | Cited to establish that where the matter involves the trial judge exercising his discretion, this discretion must be judicially exercised and there must be grounds for its exercise, for a discretion exercised on no grounds cannot be judicial. |
| Chua Tian Bok Timothy v PP | High Court | Yes | [2004] SGHC 208 | Singapore | Cited regarding the judge’s discretion to refuse or allow composition. |
| PP v Chong Siew Chin | High Court | Yes | [2002] 1 SLR 117 | Singapore | Cited to emphasize the strong element of public interest involved when a foreign domestic maid is hurt or abused. |
| Ong Ting Ting v PP | High Court | Yes | [2004] 4 SLR 53 | Singapore | Cited to reiterate that foreign domestic maids have to be protected and cared for during their employment in Singapore in order that our nation evolves to become a more gracious society. |
| Farida Begam d/o Mohd Artham v PP | High Court | Yes | [2001] 4 SLR 610 | Singapore | Cited to elaborate on why added protection must be afforded to foreign maids in view of their special circumstances. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 5(1) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 22(1) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 401(1)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 256 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Compensation order
- Unpaid salaries
- Foreign worker
- Work permit
- Aggravating factors
- Illegal employment
- Ministry of Manpower
- Accomplice
15.2 Keywords
- Compensation
- Foreign Worker
- Employment
- Singapore
- Criminal Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment of Foreign Manpower Act | 90 |
| Employment Law | 80 |
| Criminal Procedure | 75 |
| Compensation Order | 65 |
| Judgments and Orders | 50 |
16. Subjects
- Criminal Law
- Employment Law
- Compensation Orders