Construction company Kalidonis NT Pty Ltd has lost its bid to overturn a $550,000 fine imposed over the death of employee Paul Leach on a remote Northern Territory worksite in 2020.
Leach, 50, died while attempting to retrieve a bogged excavator using chains at a Maningrida construction site.
Although an industrial manslaughter charge was initially filed by NT WorkSafe, it was later withdrawn in 2023. However, Kalidonis NT was found guilty of two charges for failing to comply with health and safety duties and fined last August.
The company appealed the decision, arguing that the chains involved in the incident may not have belonged to them and were not part of their work procedures.
Barrister Tim Game KC told the court Leach was acting against “explicit instructions” and that his “deliberate disobedience must be considered.”
Justice Sonia Brownhill rejected the arguments, saying it was irrelevant who owned the chains.
“None of the grounds of appeal against conviction have been made out,” she ruled, adding the fine was not “manifestly excessive.” Kalidonis NT was also ordered to pay NT WorkSafe’s legal costs.
NT WorkSafe’s acting regulator, Kerry Barnaart, welcomed the decision, saying it underscored the responsibilities of all business operators. “The buck stops with you when it comes to safety,” she said.
Source: ABC.
