|13 February 2023
Charge 1 – s 572A – Access to workers’ compensation documents for employment purposes prohibited
|Southport Magistrates Court – Magistrate Dooley
The employer used a workers’ compensation document for employment purposes by commencing disciplinary action against a worker by using an email the worker sent about the management of his workers’ compensation claim to a third party engaged by the self-insurer to manage his claim.
The employer is a self-insurer. The worker was an employee of the employer and made a claim for compensation to the self-insurer for a right wrist injury.
The self-insurer engaged a third party to administrate and manage the claim. On 9 February 2022, the worker sent an email to the third party relating to his workers’ compensation claim.
On 19 February 2022, the employer wrote to the worker requesting a formal meeting to discuss an allegation of misconduct in relation to the email sent on 9 February 2022.
The meeting took place on 28 February 2022 and the worker was issued with a formal written warning. The written warning outlined corrective action that the worker needed to take and stated that failure to undertake these correction actions, or any future instances of failure to adhere to the employer’s policies, procedures, or guidelines, may result in further disciplinary action up to and including termination of his employment.
Charge 1 – $7,500.00 fine
|Common Law rights extinguished?
|Consideration for Prevention
Employers must not use workers’ compensation documents to commence disciplinary processes against workers.