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ARTICLE · 27 FEBRUARY 2019

Recklessness in the workplace under the spotlight

Holding Redlich
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Regulators have brought ‘reckless conduct' charges against persons who have flagrantly disregarded the safety of others.

AustraliaEmployment and HR

The conviction and sentencing to jail for one year of a roofing company director in Queensland, has again highlighted the trend by the regulators to bring ‘reckless conduct’ charges against individuals who are seen to have flagrantly disregarded the safety of others.

Mr Gary Lavin, and his company Multi-Run Roofing, were each found guilty of reckless conduct following the death of a Mr Te Amo in 2014. Mr Te Amo fell almost six metres due to a lack of handrails which Mr Lavin decided were too expensive, despite that not actually being the case and there in fact being sufficient funds from his client, being his brother, to install them. 

A jury convicted Mr Lavin who was then sentenced by the judge to one year in prison on the basis that his conduct was so reprehensible that it warranted a custodial sentence. The court found that he had shown a flagrant disregard for proper safety methods, and that he was motivated by the desire to generate profits for himself and

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