Fine for Fitness Club Over Return to Work Plan Failure

A fitness club in the southeast suburbs of Melbourne has bee given a $ 7000 fine when it was determined that it failed to assist a worker in returning to work after an injury.

The club entered a plea of guilty at the Frankston Magistrates’ Court last week to three offences under the Accident Compensation Act and admitted that it had not planned the return to work of the injured worker, provide appropriate employment or make the required weekly compensation payment.

The worker injured her knee on the 13th July 2010 and was unable to work till the 22nd December 2010 after which the doctor certified that she was fit for sedentary work.

The worker forwarded the certificate to her employer who later said that they were not aware of it. WorkSafe investigators however found the certificate in her employment file when they visited the fitness club in April 2011.

The employer also admitted to paying wages to the worker three weeks after it was due.

The employer has since put appropriate policies and procedures into place.

Ross Jones, WorkSafe Return to Work Director, said “Employers have a legal obligation to provide injured workers with suitable employment for 52 weeks after their injury, when a worker is unable to perform their pre-injury role,’’


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