A Pukekohe based large commercial farming company was held responsible by Manukau court in failing to maintain appropriate work-safe environment when a worker was injured critically and became paralytic in March last year.
Kiranjit Singh, a horticultural labour and truck driver, was left paralysed from the neck down in an accident on March 16, 2016, when transporting a harvester (a pumpkin and squash harvester) from one farm to another.
The incident has left the victim in 24-hour care seven days a week.
The company in question is Wai Shing Ltd.
It was reported that the company had failed to report the incident to the Work Safe on their own.
The matter was referred to Work Safe only after the wife of the injured worker decided to lodge a complaint.
In fact on the day of the accident, no one at the company was aware of the accident and a search was mounted only after victim’s wife raised concerns about his welfare with his co-workers. Mr Singh was only located about three and half hours after the incident.
Though, it is important to note that Mr Singh was delivering to a remote location where no one else was present.
The Pukekohe district court found Wai Shing Ltd and their director, Franklin Wai Shing, guilty of failing to take appropriate preventive actions and ensuring that a formal training was imparted to the worker before his deployment for such risky operations.
The company was charged under section 6 of the Health and Safety in Employment Act (1992) and ordered to pay $386,300 in fines and reparation.
A fine of $336,000 will go towards the victim as his short payment, emotional Harm & Work & safe breaching, whereas another $50,000 fine will go towards the Crown.
ACC will also pay lump sump $130,000 to the victim who was injured with life-threatening injury at work.
“This is New Zealand’s first-ever case related to work industry where the company was fined such a big fine,” says Work and Safe lawyer Lucy Moffitt.
“Indeed, it is a very successful case for work and safe,” Ms Moffitt further added.