Enza New Zealand has been fined $20,000 after an employee suffered brain damage in a workplace fall.
Robert Fowler, aged 44, fell 5.4m through a skylight roof on to a concrete floor last November. He had married just two months before the accident.
His wife, Anne, said the decision in the Nelson
District Court to fine Enza, the apple marketing organisation, was fair, but no compensation for her husband's injuries or the shattering consequences of the accident.
Enza had admitted a charge of failing to ensure Mr Fowler's safety and had apologised to his family.
The court heard that his injuries were so horrific that it might have been easier for his family if he had died. Mr Fowler, who can walk but cannot talk or eat unaided, is expected to live a full lifespan but is unlikely ever to recover.
The court was told Mr Fowler, a seasonal supervisor, slipped and fell through a plastic skylight while cleaning out spouting at Enza's Port Nelson depot.
The company has since contracted out its roofing work.
Enza's lawyer, Peter Chemis, said the accident was a one-off situation. Enza had failed to identify the roofing work as a hazard because it did not involve one of its usual workplace practices.
Department of Labour prosecutor Charlotte Hoggard told the court that the accident had been foreseeable, and that it was common knowledge that skylight material was brittle and could not withstand a person's weight.
She said that although Enza staff had known about the hazard they had not put any safety measures in place to prevent an accident.
Judge David Ongley said Enza's fine was on the high side to reflect the seriousness of the accident.
He said that although the accident hazard was not glaringly obvious, it was foreseeable.
- NZPA
