Daily Archives: December 22, 2016

What GIVES : Aurora/Delta/DCHL/DCC ?? Energy Safety/WorkSafe ?? ComCom ??

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Due process and natural justice demand a different outcome in the Delta/Aurora case, writes Robert Hamlin. (ODT)

### ODT Online Thu, 22 Dec 2016
Rotten process needs fixing, too
By Rob Hamlin
OPINION Employment law is a minefield, which only those who assiduously apply due process can navigate. After the publication of the damning report by Deloitte, there have been calls in this community and this newspaper for Grady Cameron, the CEO of Delta, to be removed. Any lawyer will tell you that even with this report in hand, there will be a procedure to be followed before any such removal can occur. […] Enough time has now elapsed since the Deloitte report was published for the boards of Delta and DCHL along with the DCC to make their intentions clear to the community.
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Robert Hamlin is a senior lecturer at University of Otago Department of Marketing, commenting in a personal capacity.

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Comments at What if? Dunedin:

russandbev
2016/12/22 at 11:45 am
Of course the Dunedin Mayor, DCHL, Aurora and Delta will always say that the network is “safe” because once they admit to it NOT being safe then they are liable. Actually that raises an interesting issue. My understanding is that if an officer of the Council is aware, or made aware, of an unsafe environment or practice on or around any Council property – and that includes roadways, pathways, parks etc and does nothing about it, then that officer is personally liable for any subsequent issue. Surely Cull, as an officer, is now aware through his much delayed meeting with Richard Healey that the network is unsafe. He only needs to read the ODT to learn of the continued failures if he still can’t bring himself to accept the truth from Mr Healey. Why then is Cull not being pursued by Energy Safety or WorkSafe or the DCC internal Health and Safety personnel?

Alex Brown
2016/12/22 at 12:39 pm
http://www.worksafe.govt.nz/worksafe/information-guidance/all-guidance-items/hswa-fact-sheets/leadership-guide-smes/leadership-sme-guide.pdf
Page 2 Directors Duties – “ensure company has appropriate resources and processes to eliminate or minimise those risks and uses them”
Prioritising funds for a sports stadium would not be a defence.
Ask any small business (easy target) slapped with instant fines for incorrect scaffold or any commercial truck driver who receive huge fines for safety issues.
If ever the law should be applied it is in this case. WorkSafe needs to send a clear message to troughers who love sitting on boards under the safety of Council always backed up by the ratepayer.

Alex Brown
2016/12/22 at 12:51 pm
Penalty for the Directors – 5 years imprisonment, $600k fine.
So our lawmakers also intended it be taken very seriously.

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Posted by Elizabeth Kerr

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