• Peter Bateman
    270
    A recent item on Radio NZ's Checkpoint programme raises an interesting issue about corporate accountability following a workplace fatality.
    In 2016 a man was killed at Toll's Onehunga depot. The company pleaded guilty and was convicted and fined.
    According to Checkpoint, the restorative justice conference between Toll and the family was unsatisfactory. What the family wants is for a senior manager at Toll to stand alongside them, in public, and say sorry.
    This is so often the case: quite apart from the law, what victim's families most want is to have their voice heard, and to have someone stand up in front of them and apologise.
    It makes accountability personal.
    I understand how awkward and embarrassing this would be, but surely it is the right thing to do?
  • Kevin Jones
    7
    I don't think an apology is an unreasonable expectation. The fatality is proof that something went wrong at the workplace operated by the employer.

    However, there is an increasing prevalence for non-apologies or part-apologies and this may be acceptable to the employer (and their lawyers and insurers) but not meet the expectations of the relatives. A non-genuine apology may be worse than none at all.

    I would also ask whether the apology needs to be public. That implies a desire to shame the employer. Would a private apology from an Executive be sufficient?
  • SafetylawyerNZ
    86
    I understand an apology was given, but the family didn't consider it genuine. The family also apparently wanted the apology made in public.

    Making an apology should be standard for any decent organisation. Even when employee error is a factor, there will almost inevitably have been systemic issues, and there is no need to rub a family's nose in the error by a deceased loved one - all it does is aggravate the hurt, as no one will suddenly be persuaded "oh right, it's not your fault company X, it's actually all my family member's fault" . I'm not so sure an apology needs to be made publicly, as that is often implicit (if not explicit) from a guilty plea and sentencing - here though, if the family wanted it to be public, then it would have been a good idea to agree and do so.
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