1 00:00:00,080 --> 00:00:03,480 Speaker 1: I'm more knowledgeable about the Pike River tragedy than the 2 00:00:03,520 --> 00:00:06,240 Speaker 1: Tony Gibson Auckland court case. But out of Pike River 3 00:00:06,320 --> 00:00:09,640 Speaker 1: came the law that god Gibson yesterday as former boss 4 00:00:09,640 --> 00:00:11,360 Speaker 1: of the Port of Auckland over the death of a worker. 5 00:00:11,400 --> 00:00:14,440 Speaker 1: Now he's been found guilty, he may appeal. You would 6 00:00:14,440 --> 00:00:16,799 Speaker 1: imagine if the verdict stands and a penalty is imposed, 7 00:00:16,840 --> 00:00:19,959 Speaker 1: it would have a severe chilling effect in the world 8 00:00:20,000 --> 00:00:23,720 Speaker 1: of CEOs. Just where is the line for a boss 9 00:00:23,760 --> 00:00:25,640 Speaker 1: in looking after the safety of the staff beyond the 10 00:00:25,640 --> 00:00:28,880 Speaker 1: broad based and widely understood rules we have currently and 11 00:00:28,920 --> 00:00:33,440 Speaker 1: do court cases like this now reset those boundaries as 12 00:00:33,440 --> 00:00:35,680 Speaker 1: to what you must or might do as regard safety 13 00:00:35,680 --> 00:00:38,560 Speaker 1: in a large workplace. Some workplaces are inherently dangerous, of 14 00:00:38,560 --> 00:00:41,040 Speaker 1: course because of their nature. Rules will be in place, 15 00:00:41,080 --> 00:00:44,360 Speaker 1: But how tight do those rules need to be? And 16 00:00:44,400 --> 00:00:46,879 Speaker 1: it's out of that sort of expectation if you think 17 00:00:46,880 --> 00:00:49,080 Speaker 1: about it, The life in general can sometimes be brought 18 00:00:49,120 --> 00:00:52,159 Speaker 1: to a sort of a standstill by the just in 19 00:00:52,320 --> 00:00:57,600 Speaker 1: case mentality. Work in safety driven by good intention stifling 20 00:00:57,680 --> 00:01:00,400 Speaker 1: in the real world. That's your potential problem. Taking the 21 00:01:00,520 --> 00:01:03,200 Speaker 1: very specific responsibility right up the chain to the corner 22 00:01:03,240 --> 00:01:06,880 Speaker 1: office for a person not falling off or falling over 23 00:01:07,400 --> 00:01:10,560 Speaker 1: or falling into something. That's a tremendous amount of very 24 00:01:10,560 --> 00:01:13,360 Speaker 1: specific expectation. I would have thought, especially in a large company, 25 00:01:13,600 --> 00:01:17,080 Speaker 1: when the numerical gap between the boss and a bloke 26 00:01:17,120 --> 00:01:20,319 Speaker 1: on the floor or a machine might be large. It's 27 00:01:20,360 --> 00:01:23,480 Speaker 1: an interesting concept, I think, to judicially skip any number 28 00:01:23,520 --> 00:01:25,760 Speaker 1: of people between the victim and the CEO. What I 29 00:01:25,760 --> 00:01:28,000 Speaker 1: don't know about Pike River was it was a top 30 00:01:28,040 --> 00:01:30,040 Speaker 1: down mess. If you were looking for blame, there was 31 00:01:30,080 --> 00:01:31,920 Speaker 1: no shortage of it to spread all about the place. 32 00:01:32,200 --> 00:01:34,480 Speaker 1: A lot of people wanted Peter Whittle if you remember, 33 00:01:34,560 --> 00:01:36,560 Speaker 1: to pay, but that was more predicated on him being 34 00:01:36,600 --> 00:01:39,520 Speaker 1: an easy target, not because he and he alone was responsible. 35 00:01:40,000 --> 00:01:42,600 Speaker 1: How much of this new law came out of that 36 00:01:42,640 --> 00:01:44,679 Speaker 1: same mentality, Oh, I don't worry about the detail or 37 00:01:44,680 --> 00:01:47,160 Speaker 1: the fairness. Just let's look to have somebody pay. And 38 00:01:47,200 --> 00:01:50,720 Speaker 1: if that's what's driven, is that good law or a 39 00:01:50,720 --> 00:01:53,280 Speaker 1: lot of potential trouble and a reason not to be 40 00:01:53,320 --> 00:01:56,680 Speaker 1: the boss. For more from the Mic Asking Breakfast, listen 41 00:01:56,760 --> 00:01:59,680 Speaker 1: live to news talks. It'd be from six am weekdays. 42 00:02:00,120 --> 00:02:01,920 Speaker 1: Follow the podcast on iHeartRadio,