In April 2023 a young apprentice electrician submitted a complaint to WorkSafe about the behaviours they were subjected to by their supervisor over a period of three months. The behaviours included a combination of workplace bullying, gendered violence and sexual harassment.
The employer was found guilty of failing to provide a safe working environment, and as well as being sentenced to pay a $15,000 fine with conviction, the Court also imposed an adverse publicity order on the offender.
At the time of the offending the employer had no policies or procedures for reporting, investigating or stopping inappropriate behaviours. The apprentice raised their concerns with the offender during a meeting that was conducted with a support person. Despite the complaints, the behaviours continued until the apprentice felt they had no choice but to resign.
The behaviours experienced by the apprentice included –
- sexual harassment – suggestive jokes or comments, intrusive questions about their private life or body, unnecessary contact, and sexually explicit gestures
- work-related gendered violence – insults and degrading comments based on gender
- workplace bullying – repeated, unreasonable behaviour including yelling, abusive and intimidating language, swearing, name calling, threats, hostile behaviour, humiliating, demeaning and threatening
The offender pleaded guilty and demonstrated remorse for his actions, illustrated by his cooperation with WorkSafe’s investigation and willingness to undertake restorative justice. The adverse publicity order issued pursuant to s.135 of the OHS Act requires him to publicise the circumstances of the offence, the charges and the penalty in two industry periodicals.
Increased use by the courts of adverse publicity orders is one of the recommendations of the Sentencing Advisory Council report on OHS sentencing which was released in February this year – the State government is yet to respond to the report’s recommendations. Adverse publicity orders require companies/individuals to publicise their offending, its consequences, the penalty imposed and any other relevant matter.
Employers can ensure that they are proactively managing and preventing gendered violence and sexual harassment in their workplaces by following the guidance included in WorkSafe’s gendered violence ‘It comes in many forms’ campaign.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria
