Inquest into the death of Peter Howard, 59, will go ahead despite family’s compensation concerns
An inquest into a the death of a factory worker who was the victim of workplace bullying will go ahead – and his family has received some heartening news.
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The inquest into the death of a factory worker will proceed after the deputy state coroner ruled against his family’s application to abandon proceedings.
Peter Howard, 59, was working at Orora’s packaging facility on August 28, 2018 when he died in his vehicle after it exploded in full view of his workplace.
Deputy State Coroner Ian White is holding an inquest to determine whether he took his own life as a result of workplace bullying.
On Friday, he ruled against an application to abandon the inquest.
“I do find it is still necessary and desirable to continue with the inquest,” Mr White said.
“Important issues have been raised such as mental health issues through work conflict.”
Mr Howard’s wife, Sharon, made the application, fearing the inquest could affect a compensation payout.
But in some good news for the family, they received a letter overnight stating that was unlikely.
The family has now engaged an experienced barrister Michael Saies, who agreed to represent them free of charge.
The inquest is set to resume next month.
How the request unfolded
The court had heard on Tuesday that Mr Howard’s widow, Sharon, received a compensation payment following his death.
The Advertiser understands that payment could have been in jeopardy if the findings from the inquest concluded Mr Howard’s death was an accident. Ms Howard had already received the lump sum.
Counsel assisting the Coroner, Peter Longsen, said the inquest would seek to address a key question: “How did the fire in the cabin of the car start at that location and time?”
On Tuesday, counsel for the family, Andrea Madeley, had requested an adjournment to seek further legal advice and make an informed decision about how the family wishes to proceed.
“We are very clear that we do not wish to put Ms Howard’s financial future in jeopardy,” Ms Madeley said.
“But it’s an important decision for her to make and she still feels passionate about his employment and what he endured.”
Deputy State Coroner White heard evidence from Orora witnesses on Tuesday and Wednesday.
Outside court, Mr Howard’s sister Carmel Schwartz said they would not be deterred by the prospect of a lengthy adjournment.
“We came here looking for answers and to expose the truth,” she said.
“It’s already been for years so we’re kind of used to having to wait.”
An Orora spokesman said the company would co-operate fully with the Coroner’s inquiry.
“Orora takes its responsibilities for the health, safety and wellbeing of our people extremely seriously,” he said.
“The company adheres to a code of conduct and ethics and has a range of policies, procedures and training in place to ensure that all team members are supported and safe at their place of work.”
The company expressed their deepest sympathies to the family of Mr Howard.
On Monday, the inquest heard Mr Howard complained to his GP about workplace bullying for many years before his death.
His GP Dr Barry Nicholson revealed Mr Howard had referenced “workplace issues” relating to mental health on 21 occasions in 105 visits over 28 years.
In 2020, a SafeWork SA investigation into Mr Howard’s death concluded not to proceed with prosecution as there was insufficient evidence to prove a case.
Prior to the commencement of the inquest, Ms Schwartz said they did not agree with SafeWork SA’s decision.
“In spite of his continued attempts to have the management of Orora Packaging put a stop to the bullying he was subjected to, the sarcasm and verbal insults continued,” sister Carmel Schwartz said.
“Workers deserve to be protected from all safety hazards, including those that put their mental health at risk.”