AG -v- Peter Green (Builders) Ltd [2012] JRC 225 (30 November 2012)

The company failed in its obligation to provide a safe system of work, leaving employees to look after themselves, and is therefore liable to be fined.

Citation: [2012] JRC 225
Parties: Employee: Mr McClelland; Employer: The Company
Jurisdiction: Jersey
Judgment Date: 30 November 2012
Procedural Posture: Criminal / Sentencing
Outcome: company fined and ordered to pay costs
Legal Topics: Employer's Duty of Care, Workplace Accident, Safe System of Work, Sentencing for Health and Safety Breach

Health and Safety Employment Law Employer's Duty of Care Workplace Accident Safe System of Work Sentencing for Health and Safety Breach

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Mr McClelland

Employee

The Company

Employer

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the company failed to provide a safe system of work for its employees
2 Whether the company is liable for the injuries suffered by Mr McClelland due to unsafe work practices

Ratio Decidendi

The company failed in its obligation to provide a safe system of work, leaving employees to look after themselves, and is therefore liable to be fined.

Court Disposition

company fined and ordered to pay costs

Orders

The company is fined £20,000.
The company is ordered to pay costs of £2,500.