Victorian employer fined $15,000, ordered to publicly admit to workplace misconduct after disturbing campaign of bullying and harassment
A sole director of an electrical contracting firm has been convicted and fined for failing to provide a safe working environment, following sustained bullying and gender-based abuse directed at a young female apprentice.
The 33-year-old Frankston South man appeared in Frankston Magistrates' Court on 11 March, pleading guilty to one charge under the Occupational Health and Safety Act. The charge related to his failure to ensure that a workplace under his control was free from health risks.
The court imposed a $15,000 fine and ordered him to pay $3,000 in legal costs. Additionally, he was subjected to an adverse publicity order, compelling him to publish details of the offence, the outcome, and the penalty in two industry publications.
He also submitted a written apology to the victim.
The abusive conduct took place between September 2022 and April 2023 and included repeated instances of sexual harassment, intimidation, and degrading behaviour. These included:
Persistently making personal and sexually suggestive remarks
Grabbing the apprentice’s clothing and speaking aggressively
Sending threatening and abusive text messages
Claiming she lacked strength because she was female
Touching her leg in a work vehicle
Ignoring her requests to stop rubbing her hair
Contaminating her food and drink—licking her utensils, biting her food, and spitting in her water bottle
Physically intimidating her by bumping into her and slamming tools
Mocking her middle name and insulting her partner.
Despite raising complaints with the help of a support person, the inappropriate behaviour continued until the apprentice ultimately resigned. A WorkSafe investigation found the company lacked any policies or procedures to address or report such misconduct.
The court ruled that it would have been reasonably practicable for the director to prevent psychological harm by refraining from bullying, harassment, and gendered abuse.
Three in four employees in Australia would consider leaving an organisation where workplace sexual harassment is not taken seriously, according to a new report.
WorkSafe Executive Director of Health and Safety Sam Jenkin condemned the case as an egregious violation of professional responsibility.
“All workers, especially young workers who are just finding their way in the workforce, deserve to be treated with dignity and respect by their employer and colleagues,” Jenkin said. “This is simply unacceptable behaviour from anyone, but appalling from a company director who was in a clear position of power, and I applaud the courage of this apprentice in speaking out.”
WorkSafe reiterated the importance of proactive measures to prevent workplace bullying and harassment. Employers are advised to:
Establish clear behavioural standards and reinforce them through leadership and training
Implement and promote reporting mechanisms and ensure confidentiality
Include anti-bullying policies in supervisor training and new hire inductions
Regularly assess the workplace for risk factors, involving both staff and health and safety representatives.
The Australian government has approved a new code of practice that will guide Commonwealth employers on how to protect their staff against workplace sexual harassment.
