Inspector Sara Bestre v Jontari Pty Ltd and Inspector Sara Bestre v Tempo Services Ltd [2006] NSWIRComm 373

Inspector Sara Bestre v Jontari Pty Ltd and Inspector Sara Bestre v Tempo Services Ltd [2006] NSWIRComm 373

The defendants failed to provide and enforce a safe system of work for cleaners working alone in isolated areas, failed to conduct proper risk assessments, and inadequately responded to foreseeable risks of assault. The measures actually available and later taken showed that practical steps could and should have been implemented. The system of work was inconsistently applied and not enforced. The defendants' focus on the particular incident, rather than the general risk, was misplaced. Accordingly, both Jontari and Tempo were found in breach of their statutory duties. The statutory defences under s 28(a) and (b) were not made out.

Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Prosecution / Judgment on Liability
Outcome
defendants found guilty
Legal Topics
['breach of Duty' 'risk Assessment' 'working Alone' 'employee Training' 'safety Systems']
['occupational Health and Safety' 'employment Law'] ['breach of Duty' 'risk Assessment' 'working Alone' 'employee Training' 'safety Systems']

Case Brief

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Procedural Posture

Prosecution / Judgment on Liability

Legal Issues

  1. 1 ['Whether Jontari Pty Ltd breached s 8(1) Occupational Health and Safety Act 2000 by failing to provide and maintain a safe system of work for cleaners working alone and/or in isolated areas' 'Whether Tempo Services Ltd breached s 8(2) of the same Act by failing to ensure health and safety' 'Whether statutory defences under s 28(a) and (b) are available to the defendants']

Ratio Decidendi

The defendants failed to provide and enforce a safe system of work for cleaners working alone in isolated areas, failed to conduct proper risk assessments, and inadequately responded to foreseeable risks of assault. The measures actually available and later taken showed that practical steps could and should have been implemented. The system of work was inconsistently applied and not enforced. The defendants' focus on the particular incident, rather than the general risk, was misplaced. Accordingly, both Jontari and Tempo were found in breach of their statutory duties. The statutory defences under s 28(a) and (b) were not made out.

Court Disposition

defendants found guilty

Orders

  • ['Matter to be listed for sentencing.']