The Solicitor-General has turned down a bid to increase the fine handed down to a waste company after a horrific accident involving an employee.
Earlier this month, Manawatu Waste was fined $10,000 in New Plymouth District Court, after the court was told how employee Chris Fromont lost part
of his legs and an arm when he was caught in a tree shredder.
The machine was known to be dangerous to operate and before the accident a safety inspector had told the company to put a guard on its blades. That had not been done.
At the time, Council of Trade Unions president Ross Wilson said the Labour Department was considering appealing against the fine, which was considered low compared with the $250,000 maximum fine available.
He said the CTU considered the fine "minuscule" and would support the appeal.
But the department said yesterday the Solicitor-General had declined to consent to an appeal against the sentence.
"In the absence of the Solicitor-General's consent, this matter is not able to be taken any further by the department," workplace services Taranaki manager Brett Murray said.
Before the Solicitor-General could consent to an appeal there had to be good grounds that the sentence was either manifestly inadequate or there had been a serious error in sentencing principle.
Mr Fromont was left in critical care after the accident in February, when emergency services worked for an hour to free him from the teeth of the machine.
The shredder ripped off both his legs and an arm, and the accident brought a raft of complaints from people who said the machine was notorious for jamming and the shredder was poorly managed.
A Labour Department investigation found the shredder was not adequately guarded, nor were there documented standard operating procedures for the shredder.
Mr Fromont was awarded reparation of $30,000.
Mr Fromont said he was disappointed with the decision not to increase the fine.
"I'm just wondering with that $250,000 (maximum) fine, what a company has to do to get that fine - do you have to die?
"What's going on here?" Mr Fromont said on Radio Live yesterday.
- NZPA
