A former Bunnings shelf stacker is suing the hardware giant after bosses allegedly told her that lodging a compensation claim over a back injury would lead to her and her colleagues losing their bonuses.
Nicole Moldenhauer, 43, who worked at Bunnings’ Maroochydore store in Queensland’s Sunshine Coast, has lodged a $500,000 claim against the Wesfarmers-owned chain, after she allegedly suffered a back injury while moving 20kg products onto shelving in 2018.
Her claim, which has been lodged in the Brisbane District Court, alleges that Bunnings had a policy of discouraging staff from lodging WorkCover claims, reported The n.
Ms Moldenhauer was offered six sessions of physiotherapy by Bunnings in December 2018 but told that the company would not pay for any further treatment.
Nicole Moldenhauer (pictured), 43, who worked at Bunnings’ Marrochydoore store in Queensland’s Sunshine Coast, has lodged a $500,000 claim against the Wesfarmers-owned hardware chain after she allegedly suffered a back injury while moving 20kg products onto shelving in 2018
A duty manager asked if she planned 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.’
Ms Moldenhauer alleges the injury occurred while restocking items as heavy as 20kg on her tip toes and with her arms outstretched.
‘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.
The claim suggests Ms Moldenhauer did not visit her own doctor for three months after the alleged injury because of Bunnings’ policy of attempting to deal with complaints internally.
Her claim, which has been lodged in the Brisbane District Court, alleges that Bunnings had a policy of discouraging staff from lodging WorkCover claims (pictured: Bunnings Warehouse in Maroochydore)
‘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 adds.
‘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.’
Its understood that Bunnings does not link its employees’ compensation claims to team bonuses.
In its defence, Bunnings denied Ms Moldenhauer would have been asked to lift anything as heavy as 20kg.
The company said the injury was not reported at the time and claimed Ms Moldenhauer had said she was unsure if it was work-related or due to her ‘activities at home with three children’.
Bunnings said it ‘remains uncertain as to the truth or falsity’ of the other allegations.
Damian Zahra, Bunnings chief people officer, said: ‘There’s nothing more important to us than maintaining a safe working environment for our team, and we have 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.’
Ms Moldenhauer’s lawyer Travis Schultz, of Travis Schultz and Partners, said employers are obliged to report any work-related injuries’ to their workers’ compensation insurer under Queensland law.
‘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 told the paper.