AG -v- Mel Owers (P and D) Ltd [2007] JRC 209 (09 November 2007)

The employer failed to consider and implement reasonably practicable safety measures, breaching its strict duty to ensure employee safety, justifying a fine.

Citation: [2007] JRC 209
Parties: Defendant: [Defendant Company]; Employee: Mr Phillips
Jurisdiction: Jersey
Judgment Date: 09 November 2007
Procedural Posture: Criminal / Sentencing
Outcome: conviction and fine
Legal Topics: Workplace Safety, Employer Liability, Construction Site Accidents

Health and Safety Employment Law Workplace Safety Employer Liability Construction Site Accidents

Case Brief

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Parties

[Defendant Company]

Defendant

Mr Phillips

Employee

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the employer failed to provide a safe system of work for roof cleaning
2 Whether the employer breached its duty to ensure employee safety

Ratio Decidendi

The employer failed to consider and implement reasonably practicable safety measures, breaching its strict duty to ensure employee safety, justifying a fine.

Court Disposition

conviction and fine

Orders

The company is fined £10,000.
The company is to pay costs of £2,000.