AWF Limited

Administration and support services

26 May 2021

The defendant, AWF Limited is a nationwide labour hire company. The defendant’s employee, Mr Duncan (the victim) was contracted out to work for the for the co-defendant (Zenthe Limited). It was agreed between the parties that Mr Duncan was not to operate any machinery at the Zenthe workshop – and that the defendant would be notified if this was to change.

On 26 May 2021, Mr Duncan suffered crushing injuries while using a hot press machine at the co-defendant’s workshop. The machine was not guarded to the standard AS/NZS 4024. As a result of the incident, Mr Duncan suffered surgical amputation to the first joint of three fingers on his left hand (non-dominant hand).

Despite the defendant being made aware that its employee Mr Duncan was being trained on the machine (prior to the incident), the defendant failed to effectively consult, co-operate with, and co-ordinate activities with the co-defendant as to the work Mr Duncan was to undertake – and the most effective means to manage risks to his health and safety.

Zenthe Limited

Section 34(1) and (2)(b) of the Health and Safety at Work Act 2015

25 May 2022

Hastings - District Court

Guilty

Convicted

Starting point for fine of $22,000 (medium of adjusted culpability band). Reduced to an end fine of $13,860. For the assessment of the fine and reparation, culpability between the two defendants was split: AWF 20%, Zenthe (80%).

$100,000

Emotional harm - no order for reparation was made given reparation was paid to the victim prior to sentencing. However, the Court found that $3,000 would have been appropriate (being 20% of $15,000). For the assessment of the fine and reparation, culpability between the two defendants was split: AWF 20%, Zenthe (80%).
Costs - Prosecution and investigation costs: $1,222.46.