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Introduction
In a legal milestone for Victoria, a business has been fined $3 million in the state’s first workplace manslaughter case, following a tragic and preventable incident that claimed the life of a subcontractor in 2021.
Details of the Incident
The fatal incident occurred at LH Holding Management Pty Ltd, a stonemasonry company based in Somerton, Melbourne. In October 2021, company owner Laith Hanna was reversing a forklift down a slope when it tipped over, crushing subcontractor Michael Tsahrelias. The incident was captured on CCTV from both the warehouse and a nearby location and was described in court as “harrowing.”
Legal Proceedings and Appeal Outcome
Initially fined $1.3 million, LH Holding Management’s penalty was increased to $3 million by Victoria’s Court of Appeal after prosecutors argued the original sentence was “manifestly inadequate.” The court agreed, citing the company’s significant departure from acceptable safety standards, even though the offending was not deemed in the most severe category. The appeal to increase Hanna’s personal fine of $120,000 and 200 hours of community service was dismissed.
Workplace Safety Implications
The case marks the first successful prosecution under Victoria’s workplace manslaughter legislation, which includes maximum penalties of 25 years’ imprisonment and fines exceeding $16 million for companies. WorkSafe Victoria’s director of health and safety, Sam Jenkin, stressed the importance of accountability, calling the incident “a completely preventable tragedy” caused by a failure to meet basic safety obligations.