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WorkSafe New Zealand v Silver Fern Farms Limited [2016] NZDC 11861

Published 21 December 2016

Failing to take all practicable steps to ensure safety of employee — Department of Labour v Hanham & Philp Contactors Ltd (2009) 9 NZELC 93, 095; (2008) 6 NZELR 79 (HC). The defendant company was convicted and fined $38,500 with further reparation of $2,500 on a charge of failing to take all practicable steps to ensure the safety of an employee. The charge arose out of an incident where the defendant was knocked out, temporarily blinded and suffered burns after coming into contact with a live electrical wire. It was noted that the hazard was obvious, the risk high and the documentation and inspection poor. The Judge determined a starting point of $70,000 for the fine with an uplift of $3,500 for the defendant's previous convictions. The fine was reduced by 30 percent for the positive contribution the defendant company made to the investigation and a further 25 percent discount was made for the defendant's guilty plea. Judgment Date: 21 June 2016.