Avoiding conviction in an OHS prosecution
'While the incident in which a member of the public was injured was extremely regrettable, our client was eager to avoid conviction for breach of occupational health and safety laws. By working closely with us in relation to the investigation by WorkSafe, preparing material for the final hearing and improving its focus on health and safety issues, our client successfully avoided conviction and escaped a potentially hefty fine.'
Louise Houlihan, Partner and Head of Employment & Industrial Relations
Our client
Our client is a national retailer with
a presence in all states throughout Australia. The company has
approximately 850 employees.
The incident and the investigation
A member of the public was injured in
one of our client's stores when using equipment that had been
installed by a specialist contractor. WorkSafe investigated the
incident and then prosecuted our client.
Enhancing their success
While our client fully appreciated the need to improve its
health and safety systems, which it did, we worked very closely
with our client throughout the WorkSafe investigation. As a result
we were able to negotiate a reduction in the number of charges
pursued by WorkSafe from five to two. We also compiled a
comprehensive bundle of 'plea material' to be considered by the
court when sentencing. As a result our client avoided conviction
and was fined a total of $70,000 (instead of a potential maximum of
$283,550).
Behind the headlines
Cornwall Stodart endeavours to achieve a deep understanding of
the nature of its clients businesses, including their approaches
and ambitions. The knowledge we had of this particular client was
invaluable when preparing the plea material, which not only
required details about the client's business but also about its
good corporate citizenship and current and future plans for health
and safety.