Pilates instructor Allison Priolo separately takes YMCA, Derrimut 24:7 Gym fitness chains to court over alleged employment issues
An Adelaide pilates instructor is taking her employer to court after she was hit by a bicycle while walking to her car to collect something a class.
A pilates instructor is waging separate court battles against two fitness chains, as she seeks compensation for an injury she sustained while employed by the YMCA after allegedly being “adversely terminated” by Derrimut 24:7 Gym.
The Crafers woman, Allison Priolo, made a claim for compensation after she was hit by a bicycle in April 2024, during a break between pilates classes she was conducting at the YMCA’s Purruna Spencer Newton Centre within the grounds of Scotch College.
In her account, she went for a walk after her 8am class at the Torrens Park centre, leaving her handbag in her car on McLaren St with the intention of collecting it before her 8.30am class.
On attempting to retrieve the bag, she was struck by a bicycle and suffered serious injuries including a traumatic brain injury, fractured cheekbones, a fractured C3/4 vertebrae and a dislocated left shoulder which required surgery.
Ms Priolo took the case to the South Australian Employment Tribunal after the Return to Work Corporation rejected her compensation claim.
The fitness instructor, represented by Jarrod Warren KC, argued she was injured while carrying out duties of her employment, because she was preparing herself to be ready for taking the 8.30am class.
She argued it was necessary to retrieve her bag, which contained run sheets required to conduct the class, and the walk was also needed to keep her “physically and mentally fresh” for her work.
Ms Priolo said the run sheets were necessary because the YMCA’s pilates studio manager, Angie Ashri, “specifically designed special types of classes … so, we needed the run sheet in order to be able to remember the actual exercises”.
Ms Ashri told the court “it is not a requirement that an instructor creates run sheets”.
“The YMCA preference is that the instructor does not have notes in class or be seen checking them,” she said.
However, under cross-examination, Ms Ashri said it was “common practice for there to be shorthand notes somewhere out of sight a little bit”.
Judge Mark Calligeros in April upheld the corporation’s rejection of the claim, which was then appealed by Ms Priolo to the SAET’s full bench.
The bench allowed the appeal earlier this month, remitting the case back to Judge Calligeros for further determination “restricted to the topic of Ms Priolo’s need or requirement to retrieve from her car the run sheets”.
Earlier, Ms Priolo took Derrimut 24:7 Gym to the FairWork Commission in August 2024, claiming she had been “adversely terminated for certain protected reasons including having allegedly raised a complaint”.
Derrimut contended she was not an employee in her role as a pilates instructor for the chain’s Windsor Gardens branch, but was instead an independent contractor.
The commission found Ms Priolo was an employee and she was fired, ordering the matter to proceed to court.
On Wednesday, the Federal Court proceedings were stayed because the embattled fitness chain is under administration.
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Originally published as Pilates instructor Allison Priolo separately takes YMCA, Derrimut 24:7 Gym fitness chains to court over alleged employment issues
