Dean Marcon, 37, was working as a grout crew member last November when cement got into his gumboot, causing burns to his foot.

He claims he was told by a supervisor he could not take time off work as it would affect the company’s workplace injury record.

Mr Marcon performed light duties for a short period before returning to regular duties.

He received a negative performance review after six weeks and his contract was terminated when he complained the comments were unfair.

Now employment law experts Maurice Blackburn have lodged a complaint with the Fair Work Commission against Mandalay Resources.

Maurice Blackburn employment law principal Kamal Farouque said Mandalay Resources had breached a number of workplace rights.

“He was told by a supervisor to turn up at work because if he stayed at home it would affect the company’s workplace injury record," he said.

“When the company finally arranged for Dean to receive medical treatment three days later, the doctor said he should have sought treatment immediately after the injury occurred, as cement can continue to burn skin even after it has been washed off.

“This mining company has shown a fundamental disregard to workers’ rights, including the right to take sick leave and make a complaint.

“This is a hard-working man who was just trying to do his job and earn an income for his family. 

"Dean is now unemployed and living in a remote town with limited prospects for finding a job.”

Mr Marcon said he was devastated.

“I just wanted to go to work and do my job. I’m worried about my family’s financial position and how I’m going to get another job,” he said.

Costerfield general manager Andre Booyzen denied the accusations but said he was not at liberty to comment further.