Chilli sauce business owner ordered to repay $117,000 in compensation

Janson, 58, was sentenced in the Melbourne Magistrates’ Court on Wednesday 29 April, having previously pleaded guilty to one charge of fraudulently obtaining payments. Alongside the restitution order, the court imposed an 18-month Community Corrections Order requiring him to complete the unpaid work.

The court heard that Janson began receiving weekly compensation in June 2014 after making a claim for a shoulder injury suffered at work.

A subsequent WorkSafe investigation found he had established a chilli sauce business in October 2021. The business sold products online and at markets, shows and festivals in Victoria and interstate.

Janson failed to disclose the business and kept submitting certificates stating that he had not worked and had no capacity to work. He received $117,121.41 in weekly compensation before the payments stopped in October 2023.

When told his payments were being terminated, Janson said the business belonged to his son and maintained he could not lift his arm to work. Records instead showed he was the company’s sole director, secretary and shareholder, and its website identified him as the owner.

Surveillance footage showed Janson assembling and dismantling market stalls, carrying and lifting large boxes, and holding both arms raised for extended periods.

WorkSafe’s Acting Executive Director of Integrity, Risk and Resilience, Jane Barker, said Janson had multiple opportunities to disclose that he was working.

“Exploiting a system that supported you when you were unable to earn an income is not only selfish – it’s a criminal offence that will be met with serious consequences.”