A roofing company which had been fined €100,000 for breaching health and safety regulations following the death of an employee has had the fine reduced to €20,000 by the Court of Criminal Appeal.
The court made its decision after hearing the partner of the dead man will receive a €100,000 insurance payment from the company.
Peter Gaffney suffered serious head injuries after falling 3½ metres (12 feet) while working for Gerard F May Roofing Ltd at St Mac Dara's Secondary School, Wellington Lane, Templeogue, Dublin. on December 16th, 2002. He died in Tallaght hospital six days later.
Derek May, managing director of Gerard F May Roofing Ltd of Waterway House, Crag Crescent, Clondalkin industrial estate, had pleaded guilty at Dublin Circuit Criminal Court - on behalf of the company - of failing to ensure the safety, health and welfare of its employees while at work and failing to ensure the availability of a guard-rail to prevent an employee from falling.
Yesterday, counsel for Mr May appealed against the €100,000 fine imposed on the company, arguing the penalty was "unduly severe".
He said the company had taken out insurance on each of its 25 employees and an insurance policy of €100,000 had been paid out to the partner of the deceased man. A large fine would affect the viability of the company, counsel submitted.
In delivering the three-judge court's decision, Mr Justice Adrian Hardiman said this was clearly a "tragic case" in which a man lost his life.
However, he said, the court had concluded that, in all the circumstances, the fine was excessive when the company's financial position was taken into account and it could imperil the company's position.
The trial judge had not read the company's accounts in an appropriate manner.
Mr Justice Hardiman also noted the company had won a number of safety awards and had taken out insurance for its employees.
In all the circumstances, the €100,000 fine appeared to be wrong in this instance and the appeal court would instead impose a total fine of €20,000 which, the court was told, would be paid within two weeks.