JAYANT JIVAN GOLANI v PUBLIC PROSECUTOR

Case Significance

Jayant Jivan Golani v Public Prosecutor [2024] SGHC 12 was decided in the General Division of the High Court of Singapore by See Kee Oon J in Magistrate's Appeal No 9200 of 2022/01, with the grounds of decision issued on 17 January 2024 after the appeal was dismissed on 24 November 2023. The appellant, Mr Jayant Jivan Golani, was the director of Gamma Services Pte Ltd, a company running restaurants, and had pleaded guilty to various charges relating to the employment of foreign manpower. He appealed against the sentences imposed by a Principal District Judge.

To obtain employment passes, the appellant declared in forms submitted to the Ministry of Manpower that each foreign employee's fixed monthly salary would be $7,250. While he credited that declared sum to the employees' bank accounts each month, the employees were required to withdraw $5,520 and return it to him, leaving an actual salary of only $1,730 per month, 76.14% lower than the declared figure. He was prosecuted for breaches under the Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed). See Kee Oon J dismissed the appeal against sentence.