Business guilty of failing injured worker

Melbourne-based concrete panel supplier The Precast Company pleaded guilty in the Dandenong Magistrates' Court to failing to provide an injured worker with suitable employment, as required under Victoria’s workers' compensation legislation.

The Court heard that the injured worker was employed as a crane operator when he suffered a crush injury to his finger. He attended Dandenong hospital and five days later was certified as being fit for alternative duties. Two weeks later, he left work early on a Friday to attend his doctor. When he returned to work the following Monday, he was informed that he had abandoned his employment and had no right to be there.

At the time, the company defended its action stating the worker had not been dismissed, but instead had walked out of the workplace halfway through the day without reason.

As the injured worker had an accepted workers' compensation claim, The Precast Company, in dismissing the injured worker, had failed to provide suitable employment, despite the worker being certified as fit for alternative duties. Under the state’s workers' compensation laws, an employer is required to provide employment to an injured worker who has a capacity for work.

The company pleaded guilty to one charge of failing to provide suitable employment and was fined $2500 without conviction and agreed to pay costs of $1500.

WorkSafe’s Len Boehm said the management of return to work obligations was often juggled among a range of business needs: “Helping injured workers return to work in a safe and sustainable way can be a complex process. However, an employer cannot ignore their responsibilities. Whether you are downsizing or changing the structure of your workplace, your legal obligations remain the same.

“WorkSafe is committed to doing everything it can to ensure injured workers receive the care and support they need to re-enter the workplace. Employers who ignore their responsibilities will be penalised.”