WorkSafe finds company did not have sexual harassment policy
A painting company has been convicted and fined $90,000 for failing to provide a safe working environment for a worker who was subjected to about two months of sexual harassment.
Oz 22 Painting Pty Ltd was sentenced ex parte in the Sunshine Magistrates' Court last March 11 after being found guilty of a single charge of failing to ensure a workplace free from health and safety risks.
An investigation from WorkSafe revealed that an employee in the company had been subjected to about 60 days of harassment since starting at Oz 22 Painting until they quit. It also found that the company did not have a sexual harassment policy in place.
"It is every employer's responsibility to set clear standards of behaviour in their workplace and ensure they have policies in place to identify, prevent, respond to and report sexual harassment if it does occur," said Sam Jenkin, WorkSafe Executive Director of Health and Safety, in a statement.
WorkSafe's investigation was launched after it received a complaint from the worker. The former employee, as heard by the court, received inappropriate comments from the company's manager, who is the husband of the company's sole director.
The inappropriate comments were about the appearance of the employee, who was also asked personal and intrusive questions.
The behaviour escalated over time, with repeated requests for personal time together and an incident in which the manager put his arm around the worker's neck before smiling and walking away.
In another incident in July 2022, the manager picked the worker up from the Bundoora train station under the guise of work in the area. However, the manager only drove them around for more than an hour, while asking the worker to spend the day with him.
The worker recorded some of these exchanges, which included suggestions of visiting a hotel room and giving each other massages.
After the incident, the worker resigned from the company and later sought treatment for anxiety and depression, continuing to experience flashbacks and disturbed sleep.
Jenkin said the case shows the long-lasting impacts of inappropriate workplace behaviour on mental and physical well-being.
"This is an abhorrent case of someone in a position of power preying on a vulnerable worker new to the job," he said. "Sadly, they were failed not only by the perpetrator but the company as a whole, which should have had systems in place to prevent and respond to bad behaviour."
