NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Paul Kenneth Wade v Ken Mathews Haulier Pty Limited t/as Ken Mathews Landscaping Supplies [2005] NSWIRComm 85
Prosecutor Inspector Paul Kenneth Wade
PARTIES: Defendant Ken Mathews Haulier Pty Limited t/as Ken Mathews Landscaping Supplies (ACN 072 739 658).
FILE NUMBER(S): 4335 of 2004
CORAM: Backman J
CATCHWORDS: Occupational Health and Safety - sentencing - injuries sustained by employee who was crushed between a loader bucket and concrete block - employee's use of alternative work practice which was unsafe and, of which the employer was aware but took no steps to prevent - employee's youth and inexperience relevant on sentence - lack of training and instruction - risk was obvious and foreseeable - simple, inexpensive measures could have obviated the risk - need to formalise directions and instructions - special significance of general deterrence - relationship between seriousness of breach and result of breach - early plea of guilty - leniency afforded on basis of plea of guilty and absence of prior convictions - co-operation - contrition - implementation of post accident measures - capacity to pay a fine - penalty - orders.
Fines Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Ferguson v Nelmac Pty Limited (1999) 92 IR 188 Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 Inspector Barbosa v Mc Donald's Australia Limited (2003) 125 IR 270 Inspector Barry Childs v Kirk Group Holdings Pty Limited and Anor (2005) NSWIRComm 1 CASES CITED: Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (1999) 90 IR 464 Morrison v Powercoal Pty Ltd & Anor (No. 3) (2005) NSWIRComm 61 R v Shenton (2003) NSWCCA 346 R v Thompson, R v Houlton 49 NSWLR 383, 115 A Crim R 104 WorkCover Authority of New South Wales (Inspector Benbow v Converquip Pty Limited (2001) 106 IR 258
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