Australia | Workplace manslaughter fine more than doubled to $3 million on appeal

April 24, 2025

WorkSafe Victoria | A stonemasonry company which was the first to be convicted under Victoria’s workplace manslaughter laws has been fined $3 million over the death of a worker fatally crushed at a Somerton warehouse.

 

In February 2024, LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was fined $1.3 million with conviction in the Victorian Supreme Court after pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

The company’s sole director Laith Hanna, 48, was also convicted and placed on a two-year Community Corrections Order after pleading guilty to a single charge of being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care.

Following an appeal, the Victorian Supreme Court has set aside the company’s original fine and ordered it to pay a fine of $3 million. An appeal against Hanna’s sentence was dismissed.

In October 2021, 25-year-old subcontractor Michael Tsahrelias died after a forklift being operated by Hanna with a raised load on a sloping driveway tipped over and landed on top of him.

A WorkSafe investigation found it was reasonably practicable for the company to reduce the risk of serious injury or death by ensuring that the forklift was driven with the load as low to the ground as possible, driven in reverse down any slope or incline, only operated when other people were at a safe distance, and not driven across or turned on any slope or incline.

LH Holding Management’s failure to implement these measures was negligent because it was a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances, and it involved a high risk of death or serious injury.

— Accurate at time of publication | April 2025

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