Kalidonis NT loses Supreme Court appeal to overturn fine
The employer of Paul Leach, who was killed on a remote worksite in 2020, have lost their appeal to overturn a whopping fine.
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A NT Supreme Court judge has struck down a local construction firm’s bid to overturn a $550,000 fine it received after one of its workers died on the job.
In March 2020, Paul Leach, 50, was trying to drag a 36-tonne excavator to a waiting barge at Maningrida.
Tragically, the chain snapped, striking Mr Leach in the head and killing him.
Kalidonis NT Pty Ltd, Mr Leach’s employer was charged by NT WorkSafe with industrial manslaughter – the first of its kind in the Territory – but the charge was withdrawn in 2023.
In August 2024, Kalidonis NT was found guilty of two counts of failing to comply with a health and safety duty and ultimately fined $550,000.
Kalidonis NT subsequently launched an appeal to overturn the fine.
However, at the NT Supreme Court on Friday, Judge Sonia Brownhill dismissed the appeal, as well as ordering Kalidonis NT to cover NT WorkSafe’s legal costs.
In a statement, NT WorkSafe work and health safety regulator Kerry Barnaart said she welcomed the court’s decision.
“This outcome is a timely reminder for all industries that the primary duty of care under the work health and safety laws, sits with the Person Conducting a Business or Undertaking (PCBUs),” she said.
“Regardless of whether you’re a company; unincorporated body or association; sole trader or self-employed person, the buck stops with you when it comes to safety.”
Ms Barnaart said the onus was on higher-ups to protect their employees.
“(Have) safe systems of work in place that are communicated to your workers, and ensure your workers have the appropriate training and instruction to do their job safely,” she said.
“And while workers do have a duty to take reasonable care of their own health and safety, businesses must actively enforce their safe systems of work to ensure safety in the workplace.”
Originally published as Kalidonis NT loses Supreme Court appeal to overturn fine
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