A working mother has won a $1.25 million payout from Bunnings after seriously injuring her back while moving a large bucket of fertilizer in one of the hardware giant’s warehouses.
Sarah Jane was 31 and in 2018 worked for fertilizer company Neutrog as a merchandiser in the Seven Hills Bunnings, in Sydney’s northwest.
She was kneeling to try to push a 25-pound bucket of Sudden Impact fertilizer to the front of a pallet when she hurt her back, leaving her in pain for the past six years.
Bunnings agreed to pay $750,000 in damages, plus an estimated $500,000 in legal costs, after the case went to the NSW Supreme Court this week.
Sarah Jane (pictured) has won a $1.25 million payout from Bunnings after seriously injuring her back while moving a large bucket of fertilizer in one of the hardware giant’s warehouses
Sarah Jane, 31, was working for fertilizer company Neutrog as a salesperson in the Seven Hills Bunnings in Sydney’s northwest (pictured) when she tried to move the bulky 11kg package
“It’s a win, but it doesn’t really feel like a win,” Ms. Jane said news.com.au.
“Not just everything they did to me, but just the injury itself, and how much it changed my life and how much I missed being with my kids when they were young.”
The payout came after Bunnings admitted they should have trained Ms Jane to use a pallet jack while she worked in the store, which could have prevented the injury.
She had been shown a video training module, but nothing was said about the pallet jacks that could have been used to safely move heavy objects.
“Bunnings owed a duty to merchandisers visiting Bunnings stores to ensure that merchandisers were informed of the specialized operating procedure, including the pallet jack procedure,” court documents said.
‘Bunnings devised, controlled and regulated the prevailing system of work for his own employees, but did not apply the same rigor or take the same precautions for the merchants, who were nevertheless subject to Bunnings’ control and supervision.’
Sarah Jane seriously injured her back and is still in pain six years later after getting down on her knees to drag the large bucket of Sudden Impact fertilizer to the front of a pallet.
Ms Jane’s legal team said Bunnings had fought her case tooth and nail until it went to trial, repeatedly telling her she had no claim.
Her lawyer Luke Power, of Turner Freeman Lawyers, said it was a big ‘win for the little guy’ after Bunnings finally softened their position and agreed to the settlement.
“There has been a lot of pushback and we have been repeatedly told there was no case,” Mr Power added.
“This has been incredibly stressful for her and has been fought tooth and nail.”
Neutrog has also been ordered to contribute to the costs of the settlement.
