121Offences by employers

121 Offences by employers

121 Offences by employers

(1) If an employee contravenes any provision of this Act or the regulations, the employer is taken to have contravened the same provision.

(2) It is a defence in proceedings against an employer for such a contravention if it is established that the employer could not, by the exercise of due diligence, have prevented the contravention.

(3) An employer may be proceeded against and convicted under a provision pursuant to this section whether or not the employee has been proceeded against or been convicted under that provision.