Building supervisor Luke Daniel Chenoweth convicted and fined $21,000 for setting apprentice alight in workplace bullying
An Adelaide building site supervisor has been fined in a landmark case in which a construction apprentice was relentlessly bullied — even being set alight.
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A reckless Adelaide building site supervisor has been fined $21,000 over the systematic bullying of a construction apprentice that culminated in him being set alight with flammable liquid.
In a landmark prosecution, Luke Daniel Chenoweth, 28, and Jeffrey Mark Rowe, 47, each admitted unlawfully attacking the teenage apprentice more than two years ago.
The Advertiser revealed in April how SafeWork SA had launched the SA-first case against the sacked northern-suburbs pair and their former employer, Tad-Mar Electrical Pty Ltd.
Chenoweth, of Hillbank, had pleaded guilty to the “most serious” health and safety offence during construction of a BUPA aged-care facility, on Woodville Rd, Woodville of March 25, 2017.
On Wednesday, he was convicted and fined $21,000 after he was awarded a 40 per cent discount.
He had faced up to five years in jail as well as a maximum $300,000 fine for his “reckless conduct and intimidation”.
Sentencing him at the Industrial Court, Deputy President Magistrate Stuart Cole condemned his conduct.
“The uncontrolled combination of flammable liquids and flames in a variety of situations puts lives at risk,” he said in his published reasons.
“The actions of (Chenoweth) are serious. It is fortuitous that (the victim) did not suffer serious injury or worse.
“The potential for a devastating outcome from this incident was real.”
He said the pair assaulted the teenager, who cannot be named for legal reasons, tied him to a ladder with duct tape, threw “pods” down his T-shirt and poured silicon poured over his face.
The Adelaide Hills-based victim was also drawn on with permanent marker, was locked in a shipping container, was not given medical treatment when injured and suffered “frequent” verbal abuse.
Rowe, of Parafield Gardens, was convicted and fined more than $13,000 in May after pleading guilty to his charges.
Outside court, SafeWork SA executive Martyn Campbell said: “This sentence is a strong message not only to employers but also other workers, especially if they are in a position of authority.
“Supervisors and other leaders have a responsibility to look after young workers, not physically abuse them in the name of fun or hijinks.
“This case highlights that this sort of behaviour is completely unacceptable and the verdict today emphasises that view.”
He said it was not enough “for a business to just have a no-bullying policy”.
“Executives, managers and supervisors must live and breathe that policy to ensure it is ingrained in the fabric of organisational culture,” he said.
“Each has a duty to look after the health and safety of all workers and especially young workers new to the workforce.
“I would encourage every business to look at their own processes for how they manage bullying.
“If they fall short of the standard then that is lever to ask for assistance to make sure they are legally compliant and doing what is required to ensure worker health and safety.”
The apprentice, now aged in his early 20s, who has just returned from honeymoon, was the victim of a “power imbalance” that resulted in him being systematically bullied for months.
The Holden Hill based-firm had a “culture of horseplay and hijinks”, of which the attacker claimed he was also a victim.
The victim, who had started work at 6.30am, was sitting alone when his bosses suddenly lit a piece of paper using flammable liquid in a plastic bottle.
Sensing he was in danger, he hurried to leave just before 11am, but Chenoweth — holding a lighter — chased him around the lunchroom and squirted his boots, then his crotch area.
Chenoweth’s lawyer told the court last month how his client was a “good young man” who was deeply remorseful, co-operative and had no chance of reoffending.
Chenoweth has refused comment outside court while the victim has also not publicly commented.
Tad-Mar Electrical has also pleaded guilty and will face a pre-sentencing hearing in October.