Injured Worker Should Not Have Been Dismissed

Employers have been sent a clear message to look after their injured workers following a NSW Industrial Relations Commission case in which Kandos Traders was fined $1,300 for sacking a worker within six months of her injury.

The shop assistant had been injured when she tried to catch a falling case of dog food. She filled in a workers compensation form and ten days later was dismissed by her employer and asked to work on a casual basis.

The woman was later sacked after providing a return to work form that said she was not to climb ladders or lift more than five to ten kilograms.

NSW IRC Justice Boland found the employer had breached section 99 of the Industrial Relations Act by dismissing the employee while she was still protected under the law.

He said the section was designed to help protect "the employment security of employees by providing a deterrent against unscrupulous and uncaring employers from dismissing employees in the aftermath of an injury sustained at work thereby denying them a reasonable period of time to overcome their injury and return to work".

The Shop, Distributive and Allied Employees Association's Lincoln Kinley said the finding sent a clear message to employers unwilling to support their workers after sustaining injuries.

"The take home message from this decision is that employers really need to respect and care for their injured workers and, if they don't, they will be held accountable," Mr Kinley said.

"We wish the fine was higher but we are happy the employer was convicted and that the conviction was recorded, despite the employer's desire that it not be."

For more information:

UnionSafe has developed a new fact sheet spelling out employment protections for injured workers. To access Fact Sheet 25: Protection of Employment visit http://unionsafe.labor.net.au/safety_reps/105823738425998.html

Another can be downloaded at http://www.unionsafe.labor.net.au/safety_reps/104933402422118.html

Read the full IRC decision at http://www.lawlink.nsw.gov.au/ircjudgments/2003nswirc.nsf/d1efd3b3c2f68e05ca256736001f37be/4283587dad387681ca256d1800178582?OpenDocument

Read WorkCover's Steps For Return To Work After Injury at http://www.workcover.nsw.gov.au/pdf/employ_dl.pdf

Find out about the Retail Industry Reference Group at http://www.workcover.nsw.gov.au/html/irg/retail_who.asp

Visit the SDA website at http://www.sda.org.au/

To comment on this or any other occupational health and safety matter please visit our discussion forum at http://unionsafe.labor.net.au/shoptalk

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Last modified: Tuesday, 15-Nov-2005 20:37:37 EST