Industrial Relations Fail to adequately address the rights of Employees

The recent appeal case of Cobham Aviation Services Ltd v Roger Hillman in South Australia has generated furious outcries from the Australia Lawyers Alliance of South Australia for its disregard of the rights of injured workers. The court had heard and upheld an appeal on whether the industrial magistrate had the power to order the engineering company to pay $8,000 for pain and suffering caused to Mr Lee Priestly who had his fingers crushed while working at the company.

Cobham was fined for having breached the 1995 Occupational Health, Safety & Welfare Act by failing to provide the necessary guillotine guards. But as Anthony Kerin, ALA SA president had criticised “the fines go to the government, but where is the compensation for workers injured through no fault of their own? Why are they left with the liability of their injuries?”

He goes on to say that “this is a prime example of the erosion of common law rights in this state. It means more people will continue to suffer when injured at work with no recognition for their pain and suffering, under a system that is constantly failing those it is supposed to protect…”

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