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Darbyshire & Anor v PPCS Ltd
10 May 2007, D Asher, WA 73/07, (11 pages)
HEALTH AND SAFETY - Applicants sought order under s28A(8)(b) Health and Safety in Employment Act 2002 ("HSEA") that operating bandsaw without water likely to cause serious harm - Considered respondent failing to minimise hazard - Applicants refused to work, but did not raise health and safety concerns and respondent did not ask - Reasons for refusal later raised by union - Applicants suspended without pay for refusal to work - Department of Labour ("DoL") inspection found risk raised, but did not consider it a material increase - No breach of obligation to consult as applicants aware of changes - Despite manager's bad-tempered and abusive response, Authority satisfied respondent complied with obligations under its "refusal to work policy" and HSEA, and followed up DoL recommendation - Applicants entitled to hold view work likely to cause serious harm, but in light of evidence before Authority, view not reasonable and not entitled to remedies - Authority's investigation meant further consultation occurred and additional risk assessments undertaken - No evidence to support personal grievance claim based on disparate treatment or to found claim for lost wages and compensation - No practicable benefit in granting order applicants be returned to work as respondent in seasonal close down - Authority expected applicants would enjoy re-engagement opportunities at commencement of next season in different role, no different from what would have been situation had employment relationship problem not arisen - Sawmen/boners
Result: Application dismissed ; Orders accordingly ; Costs reserved
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