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Your company wants you to do a wrongful act


All information for general knowledge only
Please see your lawyer if you wish to act on them

 

You are in-charge of a work-site. The government has issued a stop-work order, but your boss wants you to complete certain works as the concrete is drying up. What do you do?

A difficult decision, you do not want to lose your job and yet there is an order to stop work.

Just be aware that you can be charged in court (together with your company), fined and jailed for permitting wrongful acts to be carried out.

Case 1

On Thursday 13 July 2000, a project manager was fined the maximum of $10,000 for failing to ensure that the company he worked for complied with a stop-work order.

It is the first time an individual has been prosecuted for such an offence. On Jan 25, the chief inspector of factories ordered his company to stop work, after an inspection found that safety conditions at the worksite were inadequate. But a week later, workers were found working at the site.

The company was fined $6,000 for failing to comply with the order and the project manager was fined $10,000. He pleaded guilty for facilitating the company’s breach of the stop-work order. He knew of the stop order but turned a blind eye to what was on at the site. He could also have been jailed for six months.

Case 2

On Tuesday 18 July 2000, the managing director of a waste disposal company was fined $25,000 for ordering a worker to dump a truckload of rubbish beside a road. By dumping rubbish illegally, a company can save $700 in disposal fees for each lorry load.

Illegal dumpers can be fined up to $50,000 and can be jailed for up to a year. Repeated offenders can be fined up to $100,000 and jailed for up to a year.

An owner of a lorry who allows his lorry to be used for illegal dumping can be punished as severely as thosewho actually dump the rubbish.

 

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