Man found to be employer for workers compensation purposes

notice | 21/03/2018

A local court magistrate has found a man who claimed he was not an employer for workers compensation purposes was indeed an employer as defined under the Workers Compensation Act 1987.

On 8 February at Downing Centre Court, Magistrate Greenwood found in favour of SIRA, ordering Mr Mohyeddine Abdul-Rahman to pay a double avoided premium of $46,047.16 plus interest and other costs, bringing the total payable to $63,880.95.

After a routine workplace inspection, Mr Abdul-Rahman was unable to produce a workers compensation policy despite evidence of workers on the site.

SIRA initiated a wage audit which concluded that Mr Abdul-Rahman must have employed more than just casual or occasional staff.

Mr Abdul-Rahman claimed he was the owner and sole-trader of a business that conducts demolition and had not employed workers from 2008-2012.

However in facts tendered to the court, including bank deposits, tax returns, and ownership of work-related vehicles and machinery, Mr Abdul-Rahman was found to have operated a business that employed workers in the period 2008-2012.

The court found that he was liable to pay double the amount of premium that would have been payable had he taken out the correct amount of workers compensation insurance.

Mr Abdul-Rahman was entitled to lodge an appeal within 28 days.

All employers need a valid workers compensation policy, unless you are considered exempt. Find out if you’re exempt.