December 05, 2008
Pet product importer and supplier, Global Pet Products, pleaded guilty in the
Dandenong Magistrates Court on Wednesday 3rd December 2008, to failing to
provide an injured employee with suitable employment as required under
Victoria’s workers compensation legislation.
The 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 the State’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 $4,000. It was also
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 families, 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.”
Mr Boehm said that 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.”
WCV's: So Mr Boehm, I guess my question is, why is it that many of the injured
workers we are speaking to and polling have not been returned to work?
I personally have alerted worksafe to this very issue and have provided more
than ample documentation regarding a worker not being offered or returned to
work, so if what you have stated above is correct then why is this still happening?
WCV's recently polled readers and found that 88% of injured workers were not
being returened to work, so Mr Boehm if 88% of injured workers are not going
back to their preinjury jobs, Worksafe need to ensure injured workers their right
to RTW is abided by before the employers can sack them simply by waiting the
time out! Worksafe is not committed at all, if they are only RTW 11% of all injured
workers!!!!
Come on Mr Boehm you need to do better than that! This is not being transparent
at all.
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