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A painting company that failed to intervene while a manager subjected a worker to two months of “abhorrent” sexual harassment has been fined $90,000.
The Sunshine Magistrates Court on 11 March sentenced Oz 22 Painting ex parte after finding the company guilty of failing to provide a workplace that was safe and without risks to health after the “relentless” and continued behaviour of a company manager left a worker “suffer[ing] flashbacks and disturbed sleep”.
As noted by WorkSafe Victoria in a statement, the inappropriate behaviour towards the worker began on their first trial shift in May 2022, with the company’s manager – the husband of the company’s sole director – commenting about the worker’s appearance while also asking intrusive questions.
From the outset of the worker’s employment, this behaviour continued, divulging into the manager escalating to repeated requests to spend time with the worker and also an incident that involved the manager putting his arm around the worker’s neck before smiling and walking away.
Another incident in July 2022 involved the manager picking the worker up from a Bundoora train station on the basis that they had a job in the nearby area. However, the manager drove around for nearly two hours, pressuring the worker to spend time with him.
During the drive, the worker recorded conversations, which included suggestions from the manager that the pair visit a hotel room and give each other massages. This led to the worker resigning shortly after.
Since the worker’s tenure with the company, they continued to suffer flashbacks and disturbed sleep while also experiencing and being treated for depression and anxiety.
After a complaint was filed to WorkSafe, an investigation found the worker had been subjected to 60 days of harassment from when their employment began with Oz 22 Painting until the day they resigned – it was also found that the company had no sexual harassment policy in place.
“This is an abhorrent case of someone in a position of power preying on a vulnerable worker new to the job,” said WorkSafe executive director of health and safety Sam Jenkin.
“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.”
It was found in the Sunshine Magistrates Court that it was reasonably practicable for the company to devise and implement some form of policy that covers appropriate and inappropriate workplace behaviour – including sexual harassment – that provided a reporting and response process for employees and training to managers, supervisors and worker.
Oz 22 Painting was also ordered to pay costs of $6,792.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
Sexual harassment is characterised as persistent, frequent, and unwanted sexual approaches or behaviour of a sexual nature at work. Sexually harassing another person in a setting that involves education, employment, or the provision of goods or services is prohibited under the law.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
