NOK 300,000 fine for use of illegal labour

The penalty for violation of section 108 subsection 3 (a) of the Immigration Act was an fine of NOK 300 000 imposed as an enterprise penalty, see section 27 of the Penal Code. The enterprise was a cleaning and courier service that for one year and ten months had made use of the labour of a Sri Lankan national without a work permit. In the sentencing process, significant weight was attached to considerations of general deterrence. It was also emphasised that the violation had been long-term, that the management of the enterprise had acted grossly negligently in connection with the employment. Nor had any routines or measures been established that could have prevented the offence. On the other hand, the enterprise had not benefited financially from the offence.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law. Sections 27 and 28 of the Penal Code, section 108 subection 3 (a) of the Immigration Act. 

Key paragraph: 32

Parties: Victor Services AS (Counsel Pål Sverre Hernæs) v. The Public Prosecution Authority (Counsel Erik Førde)

Justices: Øie, Falkanger, Arntzen, Falch, Høgetveit Berg