Prosecution Details

Being an employer, treated its employee less favourably than it otherwise would, for the substantial reason that that employee made a complaint in relation to safety to an inspector.

An employee of the company had made a complaint to a WorkSafe Inspector concerning safety matters involving confined spaces work. The Inspector attempted to resolve the situation over the telephone and also visited the workplace to assist in resolving issues prior to further confined spaces work being conducted.

On the 6 August 1999 the employee had his employment terminated.

His Worship, Mr Packington SM in handing down his decision stated that the employee was made redundant after pressing safety issues in relation to confined spaces in the context of submarines, which have been described as a myriad of confined spaces. In coming to his decision, His Worship noted tha the prosecution only had to prove that the making of a complaint in relation to safety and health matters had to be a "substantial reason" for the employee being treated less favourably than would otherwise be the case. In this case, that was found to have been proven.

The defendant pleaded not guilty. The penalty was imposed under section 54(b).

convicted