Inspector Bruce James Marshall v United Resource Management Pty Ltd. [2005] NSWIRComm 27

Industrial Relations Commission of New South Wales in Court Session

CITATION: Inspector Bruce James Marshall v United Resource Management Pty Ltd. [2005] NSWIRComm 27

PROSECUTOR: Inspector Bruce James Marshall PARTIES: DEFENDANT: United Resource Management Pty Ltd

FILE NUMBER(S): IRC 1837, 1838 and 1839 of 2000

CORAM: Haylen J

HEARING DATES: 02/02/2005 EXTEMPORE JUDGMENT DATE: 02/02/2005

PROSECUTOR: Ms M McDonald of counsel SOLICITORS: Phillips Fox

LEGAL REPRESENTATIVES:

DEFENDANT: Mr D Priestley of counsel SOLICITORS: Back Schwartz Vaughan

JUDGMENT:

- 11 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: HAYLEN J 2 February 2005

Matter No IRC 1837 of 2000 INSPECTOR BRUCE JAMES MARSHALL v UNITED RESOURCE MANAGEMENT PTY LTD Prosecution under s.15(1) of the Occupational Health & Safety Act 1983 Matter No IRC 1838 of 2000 INSPECTOR BRUCE JAMES MARSHALL v UNITED RESOURCE MANAGEMENT PTY LTD Prosecution under s.15(1) of the Occupational Health & Safety Act 1983 Matter No IRC0 1839 of 2000 INSPECTOR BRUCE JAMES MARSHALL v UNITED RESOURCE MANAGEMENT PTY LTD Prosecution under s.15(1) of the Occupational Health & Safety Act 1983

EX TEMPORE JUDGMENT

In relation to Matter 1839 of 2000, I propose to deliver judgment now. On the 27 April 1998 in Belrose, Mr Grant Mitchell, an employee of the defendant, United Resource Management Pty Ltd, was fatally injured in the course of his employment. At the time of the accident the defendant was engaged in waste collection under a contract with Warringah Council and it was part of the duties of the deceased employee to assist the driver in the collection of waste. Three proceedings for alleged breaches of the Occupational Health & Safety Act 1983 were then commenced.