Introduction
Accused: The Precast Company Pty Ltd ABN / ACN: 80081482000
Industry:   Accused Type: Company (ACN)
Date of Offence: 23/06/2008 Date of Determination: 13/11/2009
Incident: Employers - Offences by Judge / Magistrate: P Spencer
Incident Summary: The defendant company operates in the building and construction industry. It has declared annual remuneration of about $2 million and has 45 full-time employees. An employee working as a crane operator suffered a crush injury to his finger on 1 April 2008 and was issued with a certificate of capacity certifying him 'unfit for all duties' from 2-4 April and fit for alternative duties from 5-16 April. The worker returned to work on 7 April on light duties. He left work early to attend a doctors appointment and returned to work on 14 April and continued light duties. He saw his doctor on 17 April and was issued a further alternative duties certificate from 17 April -1 May. On 18 April the worker left work around midday to attend his doctor's later that afternoon when he was issued with another certificate. At this stage he had still not submitted a claim form. When he arrived for work on 21 April he was told that he had abandoned his employment and had no right to be there. He went home and soon after sought legal advice. He lodged a claim for compensation that day which CGU accepted. The defendant company’s director wrote to WorkSafe stating that the worker was not dismissed but had abandoned his employment on 18 April 2008. The director was overseas on that date and his explanation is based on what other staff have told him. The foreman provided a statement to a circumstance investigator that on 18 April the worker “just walked out of the workplace half way through the day. He would not provide a reason. As far as I was concerned he was abandoning his employment at this time.” On 23 June 2008, the date that the worker's claim was accepted, he was issued with a certificate of capacity certifying him fit for alternative duties until 21 July. By dismissing the worker the defendant company failed to meet its obligation to provide him with suitable employment once his claim had been accepted.
Court Number: Y02291040 Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
AC Act 1985 - s 242(1) failing to provide suitable employment [250 penalty units] 1
Plea: Guilty Fine: $2,500.00
Result: Without conviction
Fine (Costs $1,500.00)

Comments of the Court:
Accused Submissions:
Prosecution Response / Submission: