Kalidonis NT Loses Supreme Court Appeal Over $550K Fine After Worker’s Death

Introduction
The Northern Territory Supreme Court has dismissed an appeal by Darwin-based construction company Kalidonis NT over a $550,000 fine imposed after the death of one of its employees, Paul Leach, in 2020. Mr. Leach, a 50-year-old construction worker, was fatally struck by a chain while attempting to tow a bogged excavator at a remote worksite in Maningrida. The ruling reaffirms the importance of workplace safety obligations and highlights the accountability of employers under work health and safety laws.

Despite Kalidonis NT’s argument that the chains involved in the incident did not belong to the company, Justice Sonia Brownhill upheld the original penalty, emphasizing that the focus should remain on preventing risks rather than debating causation.

Details of the Incident
Paul Leach died in March 2020 while working on a construction site in Maningrida , a remote community in the Northern Territory. Key details include:

• Mr. Leach was attempting to retrieve a bogged excavator using chains when one snapped, fatally striking him.
• Kalidonis NT was initially charged with industrial manslaughter, marking the first such prosecution in the territory, though the charge was later withdrawn in 2023.
• In August 2024, the company was found guilty of two charges of failing to comply with a health and safety duty related to Mr. Leach’s death and fined $550,000.

NT WorkSafe, the territory’s workplace safety regulator, welcomed the court’s decision, stating it serves as a reminder of the primary duty of care owed by employers to their workers.

Legal Arguments and Court Decision
Kalidonis NT’s lawyers argued that “no serious attempt” had been made to determine whether the chains that caused the accident belonged to the company. They contended that the employer’s system of work did not involve towing or the use of chains, suggesting this absolved them of liability.

Barrister Tim Game KC also claimed that Mr. Leach’s actions constituted “deliberate disobedience,” as he allegedly acted without authorization despite explicit instructions. However, Justice Sonia Brownhill rejected these arguments, stating:

• “Why does it matter whose chains they were?”
• The focus should be on whether reasonable measures were taken to avoid risk, not on assigning blame for specific equipment.

NT WorkSafe’s lawyer, Nicholas Papas KC, countered that Kalidonis NT’s conduct represented “the serious end of offending.” He emphasized that the case centered on the company’s failure to implement adequate safety measures, regardless of the circumstances surrounding the chain.

In dismissing the appeal, Justice Brownhill ruled that the $550,000 fine was not “manifestly excessive” and noted that none of the grounds for appeal against conviction were valid. Additionally, Kalidonis NT was ordered to pay NT WorkSafe’s legal costs, the amount of which is yet to be determined.

Broader Implications for Workplace Safety
This case underscores the critical importance of adhering to workplace health and safety regulations, particularly in high-risk industries like construction. Key takeaways include:

• Employers bear ultimate responsibility for ensuring safe working conditions, regardless of employee actions.
• Debating causation or equipment ownership does not absolve companies of their duty to mitigate risks.
• Regulators like NT WorkSafe play a vital role in holding businesses accountable and promoting a culture of safety.

Acting NT WorkSafe regulator Kerry Barnaart stated: “This outcome is a timely reminder for all industries that the primary duty of care under the work health and safety laws sits with the Person Conducting a Business or Undertaking (PCBUs).” She added that accountability applies equally to corporations, sole traders, and self-employed individuals.

Facility Details
The incident occurred at a remote construction site in Maningrida , located in the Northern Territory. Known for its challenging terrain and limited infrastructure, Maningrida presents unique logistical and safety challenges for workers and employers alike.