Work Cover Authority of NSW v Fer-Aim Pty Ltd [2014] NSWDC 367

Work Cover Authority of NSW v Fer-Aim Pty Ltd [2014] NSWDC 367

The failures of Fer-Aim Pty Ltd are attributed to the conduct of its employee, Mr Fullen, which occurred in extenuating circumstances, including pressure from a contract inspector; as the company had adequate safety systems and good character, justice and parity with Diona Pty Limited justify dismissal of charges without conviction under section 10.

Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal / Sentence
Outcome
Without proceeding to conviction, the defendant company is found guilty and the charge is dismissed.
Legal Topics
['corporate Liability' 'sentencing Without Conviction' 'employer Duty of Care' 'vicarious Liability']
['workplace Health and Safety' 'criminal Law'] ['corporate Liability' 'sentencing Without Conviction' 'employer Duty of Care' 'vicarious Liability']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Did Fer-Aim Pty Ltd fail to ensure employee health and safety as required under the Occupational Health and Safety Act 2000?' 'Should the charge be dismissed without proceeding to conviction under section 10 of the Crimes (Sentencing Procedure) Act (1999)?']

Ratio Decidendi

The failures of Fer-Aim Pty Ltd are attributed to the conduct of its employee, Mr Fullen, which occurred in extenuating circumstances, including pressure from a contract inspector; as the company had adequate safety systems and good character, justice and parity with Diona Pty Limited justify dismissal of charges without conviction under section 10.

Court Disposition

Without proceeding to conviction, the defendant company is found guilty and the charge is dismissed.

Orders

  • ['Dismissal of the charge without proceeding to conviction pursuant to section 10 of the Crimes (Sentencing Procedure) Act (1999).' "Defendant to pay prosecution's costs in the sum of $16,450 in each matter 174902 and 174931."]