Bannister Lawyers obtain acquittal for violations of criminal social laws
The Ghent Court of Appeals acquitted Mr. O.D. of violations of the social criminal laws.
Facts
In 2014, Mr. O.D was employed as an employee at the company N.E. BV, with Ms. O.B as manager.
Mr. O.D. maintained an amorous relationship with the manageress during his employment at N.E. BV, which gave him greater responsibility on the shop floor than the other employees.
During this period, the company completely neglected payroll records. During an inspection, the social inspection found several violations.
Manager O.B. was questioned about this. Mr. O.D. attended this hearing as her partner and also employee of the company N.E. BV.
Mr. O.D. heard nothing more from the file after the interrogation until he was suddenly informed of his conviction at the correctional court in Bruges.
Indeed, all the employees of the company N.E. BV had stated that Mr. O.D. was their employer, so he was considered responsible for the payroll violations.
Conviction
Mr. O.D. was sentenced by the correctional court in Bruges to a fine of EUR 28,800.00, half of which was suspended.
After learning of the conviction, Mr. O.D. BANNISTER consulted ADVOCATES in order to file an appeal.
Reasonable doubt
Attorney Lisa-Marie PARMENTIER argued the case.
Mr. O.D.'s guilt could not be proven beyond a reasonable doubt :
"Mr. O.D. had a relationship with the case manager, which is why he kept an eye on it. This does not make him an employer. If the other employees state that Mr. O.D. is their employer, it should also be interpreted in this sense."
In addition, Mtr. PARMENTIER to point out that many research opportunities were left unexploited by investigators.
Mr. O.D. was not questioned in any capacity as a suspect, let alone informed that charges were withheld from him.
Also, the file contained no employment contracts that could have proved Mr. O.D.'s innocence.
The prosecution stood firm and sought confirmation of the verdict.
Exoneration
The judge followed the argument developed by Mtr. PARMENTIER and acquitted Mr. O.D. of the charges against him.
In justification, reference was made to the reasonable doubt that existed about Mr. O.D.'s employer authority and managerial competence, as well as the lack of further investigation by the Social Secretary.
The court concluded that there was reasonable doubt of guilt, thus overturning the contested verdict and acquitting Mr. O.D..
If you would like more information about this, please feel free to contact us at info@bannister.be or 03/369.28.00.
May 15, 2020
