Company director convicted over injury to employee

Constantinos Mihalopoulos, Director of lunch van business Conhos, was convicted and nominally fined by Magistrate Michael Ardlie. However, no order was made compelling payment. Mihalopoulos had earlier pleaded guilty to four breaches of the Occupational Health Safety and Welfare Act 1986.

The defendant and his partner ran a lunch van business that operated 10 vans. On 8 July 2008, an employee recorded in the maintenance logbook that a rear door of her van was loose and rattling. Ten days later at a stop at Camden Park, the employee opened the rear door of her van which came free and struck her on the head. She was knocked unconscious and suffered a broken nose, the pain of which still troubles her. The court heard the repairs undertaken on the van were insufficient.

Conhos was liquidated in April 2010; however, SafeWork SA eventually prosecuted the defendant and his co-director. The magistrate fined the defendant $20,000 after a discount of 20% for the guilty plea, but also accepted the defendant’s submissions on financial hardship. Thus he declined to make an order requiring payment of the fine, asking only the $640 Victims of Crime levy be paid. The co-accused, George Vlahos, is yet to enter a plea and will face court again in June. SafeWork SA says this prosecution highlights the fact that individuals should not expect to escape liability for safety shortfalls, should a corporate entity be dissolved. “The law makes it abundantly clear that deemed Responsible Officers must be named; and in lieu, directors become personally liable,” says Acting Executive Director, Marie Boland.