LANDMARK INDUSTRIAL RULING TODAY - UNIONS BACK CALLS FOR VICTIM SUPPORT

23 April 2009

Dimeould Tooling fined $73,000 26/6/09

SA Unions hopes the long awaited conclusion of the industrial death case of Daniel Madeley will be seized as an opportunity to better support victims' families.

18 year old Daniel Madeley died in June 2003 after being dragged into machinery at his Edwardstown workplace.

The Industrial Court will this morning hear the matter at 10.00 am (Oaten v Diemould Tooling Services).

SA Unions Secretary, Janet Giles says it is likely that after years of attempting to dodge responsibility, Diemould will face a hefty fine.

"We are supporting calls by Daniel Madeley's mother Andrea for a proportion of the fine to be donated to Victim Support - such as the organisation she established VOID (Voice of Industrial Death)", Ms Giles says.

"At present fines incurred by guilty companies don't go to the victims' families; they go to the Crown".

"We believe it would be proper and compassionate to dedicate at least a proportion of those fines to helping the families who have lost their loved ones", Ms Giles says.

"We would ask the state government to ensure this is a landmark decision by acknowledging the needs of the families who are left behind".

"We also believe it is high time the process for dealing with such cases was overhauled.  This case is an appalling example of how an employer has tried to get away with it for years, and how a family has had to endure extraordinary stress and heartache in their quest to see justice done."

"Diemould took the matter to the federal court, and, with the backing of corporate heavyweight Santos, tried to take the matter to the High Court.  It would be easy for people to conclude that many companies regard employers as dispensable and don't want to take responsibility for their failure to protect workers by providing safe working environments."

"We hope this dreadful episode can provide the family and friends of Daniel Madeley with closure.  We also hope that there's a tangible benefit by way of financial support for the families of victims now and into the future."

Meanwhile SA Unions will continue to push for tougher workplace safety standards and stronger penalties for companies that fail to do the right thing", Ms Giles says.