SafeWork NSW v Mennen Constructions Pty Ltd [2024] NSWDC 446

SafeWork NSW v Mennen Constructions Pty Ltd [2024] NSWDC 446

Mennen Constructions Pty Ltd is convicted for failing to ensure health and safety of workers under s 32 of the Work Health and Safety Act 2011 (NSW), causing serious injury to a worker. An objectively serious breach, clear and known risks, and simple safety steps not taken warrant a substantial penalty for deterrence. Discount applied for guilty plea and acknowledgment of responsibility.

Parties
Prosecutor: SafeWork NSW; Offender: Mennen Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fine imposed
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Injury to Worker, Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay a Fine, Appropriate Penalty, Sentencing Principles, Plea of Guilty
Criminal Law Work Health and Safety Sentencing Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Injury to Worker Objective Seriousness +7 more

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Parties

SafeWork NSW

Prosecutor

Mennen Constructions Pty Ltd

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Mennen Constructions Pty Ltd breached its duty under s 32 of the Work Health and Safety Act 2011 (NSW) by failing to ensure health and safety of workers and thereby exposed Hui Li to risk of death or serious injury
  2. 2 Appropriate penalty to be imposed for the offence, considering objective seriousness, deterrence, aggravating and mitigating factors, and capacity to pay

Ratio Decidendi

Mennen Constructions Pty Ltd is convicted for failing to ensure health and safety of workers under s 32 of the Work Health and Safety Act 2011 (NSW), causing serious injury to a worker. An objectively serious breach, clear and known risks, and simple safety steps not taken warrant a substantial penalty for deterrence. Discount applied for guilty plea and acknowledgment of responsibility.

Court Disposition

Conviction and fine imposed

Orders

  • Mennen Constructions Pty Ltd is convicted.
  • A fine of $180,000 is imposed.