WorkCover Authority of NSW v Gemfen (Australia) Pty Ltd [2014] NSWDC 286

WorkCover Authority of NSW v Gemfen (Australia) Pty Ltd [2014] NSWDC 286

Despite a good safety system, the defendant is liable for the actions of its supervisor which resulted in a breach of statutory duty, warranting a conviction and fine with a discount for an early guilty plea and cooperation.

Parties
Prosecutor: WorkCover Authority of New South Wales; Defendant: Gemfen (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
16 September 2014
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
Work Health and Safety Act 2011, Sentencing, Employer's Duty of Care
Criminal Law Work Health and Safety Work Health and Safety Act 2011 Sentencing Employer's Duty of Care

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Parties

WorkCover Authority of New South Wales

Prosecutor

Gemfen (Australia) Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant breached its duty under s 19(1) of the Work Health and Safety Act 2011 by exposing Mr Kenny to risk of injury
  2. 2 Appropriate penalty for the breach

Ratio Decidendi

Despite a good safety system, the defendant is liable for the actions of its supervisor which resulted in a breach of statutory duty, warranting a conviction and fine with a discount for an early guilty plea and cooperation.

Court Disposition

Conviction and fine imposed

Orders

  • Defendant convicted and fined $75,000.
  • Defendant to pay prosecution costs of $10,500.