05:26 pm, Monday 8 February, 2010

The High Court of Australia has rebuked WorkCover NSW over its prosecution of a Picton farm owner.

The highest court of the land has handed down its ruling on Wednesday, finding Southern  NSW farmer Graeme Kirk’s appeal meritorious.

WorkCover took action against Mr Kirk over the death of his farm manager in 2001.

The manager Graham Palmer was killed when he drove a quad bike down the side of a hill on the southern NSW property, where it overturned.

The Industrial Relations Commission  had found Mr Kirk guilty of failing to observe his employee, and was fined $121,000. He appealed his case all the way to the High Court.

The Court found it absurd that Mr Kirk was prosecuted over the manager’s inexplicable recklessness, who had skill and experience much greater than his own.

“The suggestion that the owners of farms are obliged to conduct daily supervision of employees and contractors – even the owners of relatively small farms like Mr Kirk’s – is, with respect, an astonishing one,” the decision stated.

WorkCover was ordered by the Court to pay Mr Kirk’s cost.

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