A review by inspectors from the Population and Immigration Authority at a restaurant discovered a Ghanaian foreign employee working as a busboy and dishwasher. Both the company managing the restaurant and the shareholder thereof (who also served as the chef of the restaurant) were indicted.
The Court held that an employer employing a foreign employee without a permit is guilty even if not aware of the absence of a work permit but only "shut his eyes." i.e. did not actively examine the existence of the work permit. In contrast to the company convicted of the offense of employing a foreign employee, the Court acquitted the shareholder and held that an officer would be liable for offenses of employing a foreign employee by the company but would be acquitted if proven to have acted without criminal intent and without negligence and did everything possible to prevent the offense. In this case the restaurant had 40 employees and a restaurant manager was appointed so that the shareholder was not involved in the management of the employees and instead managed the kitchen and is therefor not liable for the criminal offence.