Forgiven, but Not Forgotten?: The Supreme Court of the Northern Territory Upholds AUD 550,000 Fine in Relation to Actions of Disobedient Worker

Abstract

The Supreme Court of the Northern Territory has recently dismissed an appeal against convictions imposed by the Local Court of the Northern Territory in relation to the prosecution of a construction company, following a fatal incident. This decision serves as a reminder that employers are required to take all reasonably practicable precautions to ensure safety in the workplace, with ongoing supervision and constant monitoring to ensure that systems are working as intended. It is suggested that this case demonstrates that those who choose to adopt an element of restorative justice or forgiveness as part of their safety management system will face greater difficulty in proving such forgiveness has not, in fact, sent the message that breaches of safety requirements are tolerated.