News
Employer Fine Increased
A rubbish truck company charged after one of its drivers fatally backed over his son must now pay nearly $150,000 after a Government department successfully appealed a lighter sentence.
The Department of Labour appealed the original Thames District Court penalty of $55,000, on top of $60,000 reparation, calling the fine for the death of Sommers Lee-Houia, 12, "manifestly inadequate".
Sommers was riding on the back of the Street Smart Ltd truck, driven by his father Dallas Houia, when he slipped and fell under the rear wheel in Paeroa in January last year.
A Department of Labour investigation found the truck's platform, handles and steps were not safe, with no safety rail or barrier to prevent runners from slipping under the wheel.
The truck was hazardous, said the investigators, and Street Smart pleaded guilty to the Health and Safety Act charges. The company was fined $55,000 and paid reparation of $60,000.
However, Justice Duffy overturned the original penalty at the High Court in Hamilton. He increased the fine to $87,500, taking the total to $147,500.
"Workplace accidents are a cost to and burden on the community," said Justice Duffy.
"The effect of accident compensation and the inability to sue for injuries suffered as a result of employers' carelessness means that the community carries the cost of those injuries."
Sommers was a keen martial arts student, an "adrenalin junkie" helping out his dad on the morning rubbish run when he slipped as the truck jerked forward. He fell through a gap and under the wheel.
Houia had been warned not to take his son with him on the truck by Street Smart, and even signed a code of conduct agreeing to this, but took Sommers anyway.
It is believed he still drives for the council contractor.
