AG v Euro Gardeners Ltd [2007] JRC 188 (02 October 2007)

AG v Euro Gardeners Ltd [2007] JRC 188 (02 October 2007)

The defendant company breached its duty to provide a safe system of work, but mitigating factors justify a reduced fine.

Citation
[2007] JRC 188
Parties
Employee: Mr Vieira; Employer: Defendant Company; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
02 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Defendant company fined and ordered to pay prosecution costs.
Legal Topics
Employer's Duty of Care, Workplace Safety, Sentencing for Safety Violations
Employment Law Health and Safety Law Employer's Duty of Care Workplace Safety Sentencing for Safety Violations

Case Brief

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Parties

Mr Vieira

Employee

Defendant Company

Employer

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant company breached its duty to provide a safe system of work
  2. 2 Appropriate penalty for breach of workplace safety regulations

Ratio Decidendi

The defendant company breached its duty to provide a safe system of work, but mitigating factors justify a reduced fine.

Court Disposition

Defendant company fined and ordered to pay prosecution costs.

Orders

  • Fine of £10,000 imposed on defendant company.
  • Defendant company to pay £1,000 towards prosecution costs.