There has been another successful prosecution by WorkSafe relating to psychosocial hazards, after the head of two hospital coffee shops and two other companies was convicted and fined for the sexual harassment of multiple staff.
The individual was first fined $40,000 in the Melbourne Magistrates’ Court on two counts of failing to ensure a workplace under his control was safe and without risks to health.
As the sole director of Whitelom Investments Pty Ltd, they also faced a conviction and a $110,000 fine for failing to uphold a secure and hazard-free work environment in the café located within a hospital.
Moreover, in his role as a joint director of Whitelom Pty Ltd, which managed another café in a different hospital, they were also charged and fined $140,000 for neglecting to guarantee a safe and risk-free workplace.
An investigation by WorkSafe was initiated in April 2021 following a complaint about persistent sexual harassment by the boss. The court learned of six employees, some as young as 16, who experienced physical and verbal sexual harassment, witnessing similar mistreatment of their colleagues.
The boss’s inappropriate behaviour, including touching, groping, and sexually suggestive comments, extended as far back as 2014. Despite the café having an online bullying and harassment policy, there were no contact details for reporting, and employees were unaware of appropriate channels for complaints.
Safe Work Australia identified certain behaviours as harmful behaviours constituting a psychological hazard. Harmful behaviours include:
- Violence and Aggression.
- Bullying.
- Harassment including sexual harassment or gender based harassment.
- Conflict or poor workplace relationships and interactions.
With a positive duty relating to sexual harassment, it is no longer enough for employers to respond to events after they occur. Employers must focus on actively preventing workplace harassment and discrimination relating to sex.
Whilst a positive duty relates to sexual harassment and discrimination, employers should view taking a proactive approach to prevent any ‘Harmful Behaviour’ as a key component of their risk management strategy.
WorkSafe’s Executive Director of Health and Safety, Narelle Beer, expressed dismay at the persistence of such predatory behaviour in some Victorian workplaces. She emphasised the importance of clear standards, policies, and procedures for preventing, responding to, and reporting such behaviours.
