Business guilty of workers compensation offence

Global Pet Products recently pleaded guilty to failing to provide an injured employee with suitable employment as required under Victoria’s workers compensation legislation.

The Dandenong Magistrates Court heard that the injured worker was employed as a warehouse picker and packer when she suffered an injury to her lower back in 2005. Her workers compensation claim was accepted and she was later certified by her doctor as having a capacity to return to work on modified duties.

Global Pet Products failed to provide suitable employment, however, because of her inability to perform her pre-injury duties. Her employment was later terminated in 2007.

Under Victoria’s workers compensation laws, an employer is required to provide employment to an injured worker who has a capacity for work.

Evidence also revealed that Global Pet Products never contacted the injured worker to discuss her return to work options and was uncooperative in its attempts to return the worker to modified duties.

The company was subsequently convicted and fined $4000 and ordered to pay costs of $400.

Magistrate Luisa Bazzani said the intent of the legislation was for a speedy and safe return to work for injured workers. “This can’t happen without an employer’s backing, which was non-existent in this case.”

WorkSafe executive director Len Boehm said helping an injured worker return to work is good for the worker, their family, their workmates and for business: “Under the legislation, an employer must keep an injured worker’s position open for 12 months; and if the worker has a capacity, they must be provided with suitable employment.

“Identifying and prosecuting cases like this helps to build awareness among employers about their legal obligations to support injured workers and the importance of helping an injured worker return to work. 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.”