A judge in New Zealand announced the verdict in a first-of-its-kind case that sought to hold a senior executive responsible in their role for protecting the safety of workers. The former CEO of Port of Auckland, Tony Gibson, was found guilty of failing to comply with his duty to exercise due diligence to ensure the port complied with its duties under New Zealand’s health and safety regulations.
According to media reports from New Zealand, this case is the first time a senior executive has been found to have a responsibility for a serious injury or fatality at their company. Gibson had been charged on two counts under New Zealand’s 2015 Health and Safety at Work Act. A lesser count was dismissed by the court.
The charges stemmed from an incident in August 2020. The Constantinos P (4,500 TEU) was docked in Auckland discharging containers. A 31-year-old dockworker and a colleague were working as lashers securing the containers to be lifted off the vessel. A lift went terribly wrong when two boxes were to be hoisted but a third was still partially attached. As they were hoisted, the third container detached crashing down and killing Pala’amo (Amo) Kalati, who had been working in the port for less than five months.
The judge announcing the verdict today, November 26, six months after the trial said they had found Gibson was aware of his duties and the lack of a timely response by the port to recommended improvements to health and safety accountability. In his role as CEO, he was responsible for monitoring and reporting efforts and supervising subordinates and the systems at the port.
The Maritime Union of New Zealand which had long been a critic of Gibson hailed the verdict saying it demonstrates that workers' lives mean something. They accused Gibson during his tenure of minimizing and downplaying health and safety concerns.
Gibson was forced from his position by his critics and resigned in 2021 after 10 years in the role. At the time he called the attacks personal in nature while critics pointed out there had been three deaths at the port in three years.
The union says new management has been more responsive and “took a positive approach to engaging with workers and the union.” They feel that safety issues are being addressed.
The new management of Port of Auckland said they hoped the case would provide some closure to the family. They said the case also demonstrated the importance of taking responsibility for the health and safety of workers.
Gibson and his lawyer did not comment on the verdict but it was noted that he could appear. It was unclear what penalty if any he might receive from the verdict.
The Port of Auckland was also charged and sentenced in the case. A year ago, the company paid a fine of NZ$561,000 (approximately US$330,000).
