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WorkSafe New Zealand v Viridian Glass Limited Partnership [2016] NZDC 25415

Published 24 February 2017

Failure to take all practicable steps to ensure the safety of employees — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095, (2008) 6 NZELR 79 — Big Tuff Pallets Limited v Department of Labour (2009) 7 NZELR 322 — sentencing. The defendant was fined $42,000 and ordered to pay reparation of $45,000 to the victim after being charged with four failures to take practicable steps. As dictated by "Hanham" the quantum of reparation must be the primary focus. It must take into account attendance at restorative justice, offers to make amends and the impact on the victim as well as the financial capacity of the defendant to pay. "Big Tuff" sets out that this will be an intuitive exercise. With respect to the fine, a start point of $80,000 was set to recognise that the offending company was a core business, the risk of the accident occurring was obvious, there was more than one offence and two people were put at risk. Discounts were given to recognise the defendant companies good-record, cooperation and personal factors. Judgment Date: 7 December 2016.