Court Summary - at a glance
Date of offence:
15 March 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for the fine was set at $250,000, following mitigating factors, the end point for the fine was set at $150,000. This was reduced to nil due to financial incapacity of the defendant to pay a fine.
Safety lessons learned:
The defendant failed to:
- Develop, implement, communicate to all workers, and monitor compliance with, safe operating procedures for brazilian wax treatments
- Implement an effective system to assess the competency of workers to carry out brazilian wax treatments and to ensure that workers receive ongoing training
- Develop a comprehensive risk assessment identifying the risks and controls for all aspects of its operation.
Defendant name:
MPMK Holdings Limited
Industry:
Consumer
Date of offence:
15 March 2021
Facts in brief:
On 15 March 2021, while receiving a Brazilian waxing treatment at MPMK Holdings Limited, trading as “Edge Cut Colour & Beauty Manukau”, the victim, suffered a 4cm labial laceration, requiring stitches, following poor health and safety practice at the salon.
Offence section:
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
11 March 2022
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for the fine was set at $250,000, following mitigating factors, the end point for the fine was set at $150,000. This was reduced to nil due to financial incapacity of the defendant to pay a fine.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $20,000
Consequential loss - $455
Costs - $6624.37
Consequential loss - $455
Costs - $6624.37
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