Bunnings worker allegedly told injury claim would threaten bonus

A former Bunnings employee is suing the hardware giant after she was allegedly warned she would lose bonuses if she made a workers’ compensation claim for a spinal injury.

A former Bunnings employee is suing the hardware giant after being warned she and her colleagues would lose their bonuses if she made a workers’ compensation claim for a spinal injury allegedly suffered on the job.

Nicole Moldenhauer has lodged a claim against Wesfarmers-owned Bunnings for more than half a million dollars after she sustained a back injury moving heavy products onto shelving at the retailer’s Maroochydore store.

According to the claim lodged in the Brisbane District Court, Bunnings had a policy of discouraging staff from lodging WorkCover claims and of attempting to manage work-related injuries internally. The case throws into the spotlight the workers’ compensation policies of one of the country’s biggest retailers.

According to court documents, the policies meant Ms Moldenhauer delayed seeing her own doctor about the injury until three months after the alleged injury.

Ms Moldenhauer was told in December 2018 by a duty manager at the store that after six sessions of physiotherapy paid for by Bunnings, the company would not pay for any further treatments and enquired whether she wished to lodge a workers’ compensation claim.

“The manager reminded her that if she did so all staff in the Maroochydore store would lose their bonuses,” the claim states. “Ms Moldenhauer did not then appreciate that her right upper limb symptoms were in fact related to a disc injury in her cervical spine.”

Nicole Moldenhauer is suing Wesfarmers owned Bunnings for a back injury

Ms Moldenhauer worked at Bunnings Maroochydore

Ms Moldenhauer alleges the injury occurred while she replenished stock items as heavy as 20kg on the top shelf of a racking system. In order to complete the restocking, Ms Moldenhauer, 43, had to stretch her arms and manually handle items from an electronically operated raised platform. “To perform the work, it was necessary for her on occasions to reach forward, fully extend her upper limbs, bending at the waist and bearing her weight on tippy toes to reach and take a hold of the stock,” the claim states.

Ms Moldenhauer claims Bunnings failed to take reasonable steps to eliminate manual handling risks and to properly instruct her on using the platform safely. Symptoms of her injury included numbness to her hand and soreness.

According to the claim, Ms Moldenhauer did not pursue her own investigations into her symptoms because of Bunnings’ policy of discouraging staff from lodging WorkCover claims as well of attempting to manage work related injuries internally and not report them to WorkCover Queensland.

Ms Moldenhauer did not see her general practitioner until February 20 2019, more than three months after the injury.

“She did not immediately attempt to lodge a WorkCover Claim or see her private doctor as she had been informed prior to the date of the incident that bonuses would not be payable to staff unless metrics were met with respect to time loss injuries and workers compensation claims,” the claim states.

“It was reinforced to her prior to the date of the incident at pre-start meetings that if there were workers’ compensation claims of time loss injuries that all staff would lose their bonuses. Subsequent to the incident, she was informed again at daily team meetings when she attended to undertake light duties that staff would not receive bonuses if there were any workers’ compensation claims or time loss injuries.”

Bunnings is under fire over workers compo claim

In a defence lodged with the court, Bunnings denied Ms Moldenhauer was required to lift products as heavy as 20kg onto shelving and “anything above that weight would need to be handled by two persons.” Bunnings said the injury was not reported contemporaneously to the company and Ms Moldenhauer has expressed uncertainty as to whether the injury was “work related givenher activities at home with three children.” Bunnings said it “remains uncertain as to the truth or falsity” of the other allegations.

Bunnings chief people officer Damian Zahra said there was “nothing more important to us” than maintaining a safe working environment for our team, and the company had processes in place to manage workplace injuries when they occur including providing personalised care and support. “As this matter is currently the subject of legal proceedings and parties are preparing for trial, it’d be inappropriate to provide further comment,” Mr Zahra added.

Ms Moldenhauer’s lawyer Travis Schultz, of Travis Schultz and Partners, said it would not be appropriate to comment on the specifics of the case, but said that under Queensland law, employers are obliged to report to their workers compensation insurer any work-related injuries they become aware of. “While employers have an interest in managing their statistics regarding workplace injuries, the legislation imposes a duty on employers to complete a report in the approved form, and give it to their insurer if a worker sustains an injury for which compensation may be payable,” Mr Schultz said.

Nicole Moldenhauer