NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of NSW (Inspector Mark Stothard) v Manildra Park Pty Ltd; WorkCover Authority of NSW (Inspector Mark Stothard) v Leslie Ronald Fletcher [2007] NSWIRComm 35
PROSECUTOR WorkCover Authority of NSW (Inspector Mark Stothard)
PARTIES: DEFENDANTS Manildra Park Pty Ltd
Leslie Ronald Fletcher
FILE NUMBER(S): IRC 6789 - 92 of 2005
CORAM: Marks J
CATCHWORDS: OH&S - pleas of guilty - employee breached previous instruction - worker conducted himself inappropriately - plant equipment faulty - contractors failed to alert worker of risk - senior personnel at funeral - no risk assessment undertaken of task - defendant had pro active and comprehensive approach to OH&S obligations. HELD: Objectively serious - deficiencies in protocols & procedure and their implementation - inherent risk in type of work - general & specific deterrence - mitigating factors: - early plea - co-operation with investigators - expressions of contrition & remorse - unblemished record - commitment to OH&S - steps taken after incident - good corporate citizen. Principle of totality to apply - distinct obligations under ss 8(1) & 8(2) - penalty imposed.
LEGISLATION CITED: Occupational Health and Safety Act 2000
HEARING DATES: 19 February 2007
DATE OF JUDGMENT: 28 February 2007
PROSECUTOR Mr R Reitano of counsel SOLICITOR: Ms F Miller WorkCover Authority of NSW LEGAL REPRESENTATIVES:
DEFENDANTS Mr S Stanton of counsel SOLICITOR: Mr T Vernier Australian Business Lawyers
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