WorkSafe New Zealand v Yarrows (The Bakers) 2011 Ltd [2016] NZDC 24979

Published 19 February 2018

Prosecution by WorkSafe — sentencing — failing to take practicable steps to ensure the safety of an employee at work — Health and Safety in Employment Act 1992 — Department of Labour v Hanham & Philp Contractors Ltd [2008] 6 NZELR 79. The defendant pled guilty to one charge of failing to take all practicable steps to ensure the safety of an employee under the HSEA. The victim suffered a rib fracture, a small left central pneumothorax and a bruised lung after being caught between heavy machinery. In accordance with "Philp" reparation and a fine were ordered. Reparation totalling $28,574.05 was to be paid. The starting point for the fine was $75,000. Mitigating features such as reparation and attendance at restorative justice and guilty plea reduced the fine to $39,375. Judgment Date: 5 December 2016.