Mac Group, JNP Construction sentenced over workplace incident: Victim Mosese Foketi unable to work two years on

WorkSafe charged Mac Group Limited and JNP Construction Limited in September last year over the incident and injuries worker Mosese Foketi suffered a year earlier. Photo / RNZ

Two companies have been sentenced over a workplace incident where a wall crushed a labour-hire worker and broke his back, shoulder and foot.

WorkSafe charged Mac Group Limited and JNP Construction Limited in September last year over the incident and injuries worker Mosese Foketi suffered a year earlier.

At the Auckland District Court today, both companies were ordered to pay tens of thousands of dollars in reparations to Foketi along with over $100,000 in fines between them.

Foketi was employed to demolish a wall at AUT Tower on Wakefield St, Central Auckland, but it collapsed and trapped him under a large slab of clay blocks and mortar in September 2021.

He hasn’t been able to work since.

“I thought I would die,” he told 1News.

The incident hospitalised Foketi, who suffered a broken foot, shoulder and back in several places. He still lives with ongoing pain.

After he was discharged from hospital one of the employers pressured Foketi to tell WorkSafe he hadn’t been doing the demolition work.

From its investigation, WorkSafe found the employers had not defined or communicated to employees the roles and responsibilities on the work site.

It also found both companies’ risk management and supervision had fallen short.

WorkSafe charged both with failing to comply with a duty to ensure, as far as reasonably practicable, the health and safety of their workers, which resulted in exposing workers to risk or serious injury.

Mac Group Limited must pay a $105,000 fine and $35,900 in reparations.

JNP Construction Limited must pay a $6000 fine and $18,400 in reparations.

WorkSafe’s acting national manager of investigations, Paul West, said they were pleased to get a resolution in this case.

“[Foketi] lives with ongoing pain from injuries that are absolutely not his fault – and we’re glad the court agrees,” West said.

“Demolition is dangerous work. This case is a lesson for all businesses and organisations to have effective health and safety measures firmly in place to protect all workers from this kind of harm.

“It’s also a lesson for businesses and organisations to be honest and upfront with WorkSafe, because the truth will emerge if you are failing your workers on health and safety.”

West said labour-hire workers may feel a power imbalance in their employment arrangements, but they were still entitled to the same health and safety protection as any other worker.

“If you have concerns about the safety of your workplace, speak up if you feel able to do so,” he said.

“If not to your employer, then [speak] to a health and safety representative, someone you trust, or to WorkSafe directly,” he said.

Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.