- Complaint number: C2-01124
- Region: Omitted
-
Licence class:
Carpentry,
Site 2
- Decision date: 31 August 2015
-
Disciplinary grounds:
317(1) da Failed to supply certificate / record of work
317(1) i Conduct likely to bring the regime into disrepute
317(1) b Negligent or incompetent work - not upheld
-
Summary:
317(1)b Negligent or incompetent work. 317(1)d(a) Failed to supply certificate / record of work - 317(1)(i) Conduct likely to bring the regime into disrepute. Issues did not involve the carpentry but the systems and processes used to engage with and invoice the customer. These issues did not fall within the definition of building work in s7 of the Act. They cannot be said to be negligent for the purposes of 317(1)(b). The Board notes cases where the regime has been bought into disrepute – Majority conclusion. The Respondent’s negligent behaviour has the potential to bring the regime into disrepute however it is at the lower end of the scale. This is a matter that will be taken into account when assessing an appropriate penalty - Minority conclusion. Not satisfied that the evidence presented demonstrated serious poor behaviour as contemplated by Cabinet. Requirement for record of work is not altered by the terms of the contract or contract dispute. 317(b) not upheld. 317(1)(da) upheld. 317(1)(i) upheld by majority.
Download full report
PDF (426 KB)
