Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


District Court Wrong on Charanpreet Dhaliwal's Death

15 October 2013


District Court Decision Wrong on Charanpreet Dhaliwal's Death


The decision yesterday by the Waitakere District Court that the employer of murdered security guard Charanpreet Dhaliwal did not need to take further steps to ensure his safety lowers the bar for all workers making them all less safe, CTU President Helen Kelly said today.


“The agreed facts included in the judgement show little care was taken when Mr Dhaliwal was engaged including an unclear induction process, no regular system for checking, no easy method of communications and insufficient scrutiny of the employees ability to safety undertake the job, yet the Court has said all of this is acceptable."


"It even finds the because the communication of the numerous security issues on the site had not been properly examined between Fulton Hogan and the Security Company, this was excusable."


Helen Kelly says "effectively, this decision says not having a system, employing someone on the day, leaving them alone in the dark unchecked until four in the morning and using some shonkyuncertain induction process meets the requirements of the Health and Safety Act – in doing so the Judge has effectively endorsed the worst kind of sloppy practice, and this wasdespite an industry expert saying it was not up to industry standard."


“We know from the Health and Safety Taskforce that the District Courts are failing to properly interpret the Health and Safety Act and do not have sufficient numbers of cases to build expertise in this area. The Taskforce recommends a speciality judiciary be established trained to do this work, but that will be too late for Charanpreet. If the test of all practicable steps is a few quick words on a dark night to take care – then any employer is likely to meet it," Helen Kelly said.


“We have here a young man with little experience, dead after one night at work on a remote building site after a 20 minute induction from a young man who himself had only one night experience and now we have a judge saying the law says this is acceptable. Far from enforcing the positive duty to actively take steps to prevent him from harm, this judge has created an intolerably low threshold of care," says Helen Kelly.


Charanpreet's mother is still in New Zealand following the unsuccessful prosecution of the man accused of his murder.

Family spokesperson Jafjit Singh said “Mrs Kaur is devastated by yesterdays findings by the Court. She now believes there are serious problems with the New Zealand justice system that no one has been found accountable for what on any measure, was a dangerous job her son undertook that night."

"She will return to India a broken women if no efforts are made to recognise the wrong done to her boy. It appears no one wants to take responsibility for what happened to Charanpreet and it is time the New Zealand Government changed the system," said Mr Singh.

The CTU is calling on the Ministry to appeal the decision.


ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

'Tea Break Bill' Passes: Gordon Campbell On Bad Labour Laws And Poor Safety

By co-incidence, one of the prime dangers of the government’s new employment relations law has been underlined by the release of the death and injury statistics among workers at New Zealand ports. These are highly profitable enterprises for the port owners.

The Port of Tauranga for instance, is expecting its current full-year profit to be between $78 million and $83 million and other ports are enjoying similar boom times – but they are also highly dangerous places for the people who work on or around the port premises. At the Port of Tauranga, there have been 26 serious accidents since 2011, and two deaths. More>>

 

Parliament Today:

No Charges: Outcome Of Operation Clover Investigation

Police have completed a multi-agency investigation, Operation Clover, into the activities of a group calling themselves “The Roast Busters”. The 12 month enquiry focused on incidents involving allegations of sexual offending against a number of girls in the Waitemata Police district and wider Auckland area... More>>

ALSO:

UNICEF Report: NZ Cautioned On "Stagnating" Child Poverty

An international report by UNICEF has found that child poverty rates in New Zealand have barely changed since 2008, despite similar sized countries significantly reducing child poverty during the recent recession. More>>

ALSO:

Funding Report: Two Pathways For Transport In Auckland

Commissioned by Auckland Council, the group was asked to investigate two possible pathways for raising $300 million per year ($12 billion over 30 years) to pay for the improvements needed to help fix Auckland’s transport system. More>>

ALSO:

Pay Equity: Equal Pay Win In Court Of Appeal

CTU: The Court of Appeal has made a historic decision paving the way for a substantial equal pay claim for aged care workers. More>>

ALSO:

Gordon Campbell: On The TPP Finishing Line, And Amazon’s Woes

If the Trans Pacific Partnership trade deal wasn’t such a serious matter, this would be pretty funny… More>>

ALSO:

TV3 Video: Three Die On Roads Over Labour Weekend

The official holiday period ended at 6am Tuesday, with three deaths on the roads during the Labour Day weekend. More>>

Employment Relations Bill: Govt Strains To Get Tea Break Law Through

The Government has been left with egg on its face - failing to get its much-vaunted, but hugely unpopular, meal break law passed in the first week of its new term, Labour spokesperson on Labour Issues Andrew Little says. More>>

ALSO:

Guns: Police Association Call To Arm Police Full Time

"The new minister gave his view, that Police do not need to be armed, while standing on the forecourt of parliament. The dark irony was that the interview followed immediately after breaking news of a gunman running amok in the Canadian parliament in Ottawa..." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news