Plumber ‘laughed and drank beer’ after trapping apprentice in toolbox

A high country tradie has copped a hefty fine after a shocking incident which left his vulnerable young co-worker traumatised.

Plumber James Herz drove 30km with a vulnerable apprentice trapped in his ute's toolbox, endangering the teen's life.

A high country plumber drove 30km with a vulnerable apprentice in his ute’s toolbox before “laughing and drinking beer” as he watched the traumatised teen get out of the car.

Jenson Curtin, who suffered from a pre-existing brain injury, struggled to breathe and begged to be let out of the metal box as the car travelled at 100km/h between Bridge Creek and Mansfield.

Mr Curtin was 17 years old at the time of the incident and had just returned to full-time work at his apprenticeship with High Country Plumbing and Gas Fitting in Mansfield.

In February 2022, Mr Curtin and his boss, plumber James Herz, now 31, had finished a hot water installation job in Bridge Creek when they offered their client a lift back to Mansfield.

But because there were only two seats in Mr Herz’s ute, the teenager was forced to sit in the toolbox mounted in the vehicle’s rear tray.

Mr Curtin was trapped in the box which was stuffed with equipment, including a drop saw, as the car travelled for 30km along a 100km/h road back into town.

Mr Curtin’s mother, Kerry Mullins-Curtin told the Herald Sun her son was frantically messaging the vehicle’s passenger begging to be let out because he couldn’t breathe.

It is understood the passenger and Mr Herz replied with videos of them laughing at his pleas for help.

Jenson Curtin was just 17 and suffering from a pre-existing brain injury at the time of the incident.

Ms Mullins-Curtin said Mr Herz had taken her son under his wing and appeared understanding and accommodating of the young man’s brain injury, sustained in a car crash a year prior.

“He fooled us all,” Ms Mullins-Curtin said.

Upon first hearing of what her son had endured several months later, Ms Mullins-Curtin said she collapsed to the floor and has been left “traumatised” ever since.

After a horrendous 20-minute journey home, Mr Curtin’s brother saw him being released from the toolbox “red-faced and hunched over” as Mr Herz and the client stood nearby “laughing and drinking beer”, according to WorkSafe Victoria.

The teenager’s horrified mother reported the incident, landing the plumber with a $20,000 fine handed down in the Mansfield Magistrates’ Court on October 2.

A WorkSafe investigation found Mr Curtin could have died or suffered a serious injury if the ute had been involved in an accident.

“Illegally transporting this young apprentice in the back of a toolbox was extremely unsafe and could have had absolutely catastrophic consequences,” WorkSafe Executive Director Health and Safety Sam Jenkin said.

“WorkSafe will continue to hold employers accountable when they fail to prioritise safety and wellbeing, particularly for young workers who won’t always have the confidence to speak up if something is wrong.”

Mr Herz pleaded guilty to a single charge of failing to ensure that a workplace under their management or control was safe and without risks to health.

He was fined without conviction and also ordered to pay costs of $4249.

Victoria Police were aware of the incident but decided not to take the matter further, The Herald Sun understands.

Mr Herz declined to comment.

Originally published as Plumber ‘laughed and drank beer’ after trapping apprentice in toolbox