Winona Way Pty Ltd, the operator of The Gully Public House & Garden in Tea Tree Gully, pleaded guilty and was sentenced in the South Australian Employment Court on 13 March 2026 after a SafeWork SA prosecution.

The incident occurred on 2 June 2023 when a worker who had been employed at the hotel as a Food and Beverage/Gaming Attendant for less than two months was refuelling the ethanol burner.

Prior to the incident another worker refuelled and lit the burner about 4.50pm using a 25L plastic fuel container with a flow control nozzle retrieved from the storage room. By 5.10pm there was no visible flame emanating from the burner.

At 5.20pm a second worker was directed to refuel the burner. As the worker was refuelling the burner, the fuel ignited almost immediately, causing a flash flame that seriously burned the worker. The injured worker spent six months in the Royal Adelaide Hospital and has undergone surgery more than 25 times. His rehabilitation is ongoing.

Winona Way was charged with a category 2 offence under section 32 of the Work Health and Safety Act 2012 of failing to comply with a health and safety duty.

The SafeWork SA investigation found that:

• Workers required to refuel the burner were not provided with any form of documented safe work procedure in relation to the task.
• Winona Way failed to perform an adequate hazard identification and risk assessment process in relation to using the burner.
• Adequate information, training and instruction was not provided to workers to enable them to safely undertake the task.
• The burner was not refuelled in line with the manufacturer’s instructions.
  
  

The burner did not provide warmth but was purely for visual effect. It was purchased by the hotel in 2009 and had been used for 14 years.

The manual states that the burner should never be filled with a vessel that does not have a “Spill Proof Safety Spout” attached and should be shut off and allowed to cool for 60 minutes before refuelling.

In his sentencing remarks, His Honour Deputy President Judge Calligeros said the burner was “inherently dangerous to use in a hotel without its instructions being adhered to”.

“There was a failure to train employees in relation to how to refuel the burner, a failure to supervise the refuelling process and a failure to ensure or attempt to ensure that the manufacturer’s instructions were followed and any necessary accessories, such as the spill proof safety spout, were used,” Judge Calligeros said.

“Substantial harm was caused by the offending.

“The injuries sustained … are very serious and have altered almost every aspect of the life that he used to lead and would otherwise have continued to lead.”

A conviction was recorded and Winona Way was fined $250,000. The fine was reduced to $150,000 following a discount of 40 per cent for its cooperation with the investigation.

"These horrific injuries would have been prevented if the hotel simply followed the manufacturer’s instructions and provided staff with adequate training and supervision when refuelling the burner. As a result of their failure, this young man’s life has been tragically and forever changed. I urge anyone who owns or uses ethanol burners to visit SafeWork SA’s website and familiarise themselves with the safety warning about these devices."

- SafeWork SA Executive Director Glenn Farrell

Winona Way was also ordered to pay a contribution to SafeWork SA’s legal costs of $1,210, and a Victim of Crime Levy of $451.

SafeWork SA, 20^th March 2026