Prosecution Details

Being an employee did not take reasonable care to avoid adversely affecting the health of another person, by burning the ear of that person through a deliberate act carried out in the workplace.

Mr Abbott, Workshop Foreman, requested the Workshop Junior (injured person) to make some tags. After finishing the task it appears that the Workshop Junior threw the tags at the Foreman. Some of the tags ended up under the boards that other workers stand on to work. The Foreman instructed him to retrieve the tags, which he then refused to pick up.

At this point the Foreman, who was working with dry ice threatened to rub it on his ear. After a verbal exchange with the Junior the Foreman rubbed the dry ice on the Junior's ear.

The defendant pleaded guilty.