Courts and Tribunals interpret laws that are open to interpretation. Decisions of courts are called the “common law” and are often referred to as judge-made law.
Courts
AYTON -v- CITY OF ARMADALE [2020] WASCA 39 here
A member of the public was seriously injured by a vehicle at City of Armadale (City) Waste Facility (Site), while dropping off green waste – as directed by the staff. The City plead guilty to failing to maintain a safe work environment at the Site. Court of Appeal increased fine against City to $110,000.
Under the Local Government Act section 5.41(g), CEO at the time, Ray Tame was responsible for, … the employment, management, supervision, direction and dismissal of employees.
Surprisingly, no mention was made in the judgement about CEO’s statutory role in respect of the management of Site managers.
The Court found that in relation to the Site:
