WorkCover Authority of New South Wales v El-Hayek [2014] NSWDC 362

WorkCover Authority of New South Wales v El-Hayek [2014] NSWDC 362

The defendant failed to ensure, so far as is reasonably practicable, the health and safety of a worker at work in the business or undertaking, contrary to s 19(1) of the Work Health and Safety Act 2011, and considering aggravating/mitigating factors, an appropriate fine is $15,000 with costs.

Jurisdiction
Australia
Judgment Date
01 August 2014
Procedural Posture
Criminal / Sentence
Outcome
conviction and fine
Legal Topics
['duty of Care' 'specific and General Deterrence' 'sentencing' 'mitigating and Aggravating Factors' 'occupational Health and Safety']
['criminal Law' 'work Health and Safety'] ['duty of Care' 'specific and General Deterrence' 'sentencing' 'mitigating and Aggravating Factors' 'occupational Health and Safety']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['whether the defendant breached s 19(1) of the Work Health and Safety Act 2011 by failing to ensure health and safety of workers' 'appropriate sentence to impose given the seriousness of offence and mitigating/aggravating circumstances']

Ratio Decidendi

The defendant failed to ensure, so far as is reasonably practicable, the health and safety of a worker at work in the business or undertaking, contrary to s 19(1) of the Work Health and Safety Act 2011, and considering aggravating/mitigating factors, an appropriate fine is $15,000 with costs.

Court Disposition

conviction and fine

Orders

  • ['The defendant is convicted and fined $15,000.' 'A moiety of the fine to be paid to the prosecutor.' "The defendant to pay the prosecutor's costs in an agreed sum of $8,000."]