An employer who didn’t appear at any stage of the legal process to hold it accountable for workplace sexual harassment has been fined $100,000.
Blisspell trading as Toy Networx was sentenced, and a conviction recorded, for a single charge of failing to provide or maintain a safe workplace for employees.
A Toy Networx employee made allegations of inappropriate behaviour at the workplace in January 2023. The employee alleged that the company’s director made comments and sent text messages of a sexual nature that “pried into her personal life”.
WorkSafe’s investigation found that from October 2022 to January 2023, the company had no formal system in place to identify, prevent, manage, investigate or respond to the inappropriate behaviour alleged by the worker – this created a psychologically unsafe working environment.
“Every worker has a right to feel safe and supported at work – including knowing there is a formal process in place for raising any concerns about their experiences in the workplace,” said WorkSafe executive director of health and safety Sam Jenkin.
It was found to be reasonably practicable for [Toy Networx] to have reduced the risk of injury to employees by devising a workplace behaviour policy that described unacceptable behaviours, including sexual harassment, and provided a reporting and response process for workers; and implementing the policy by training managers, supervisors and workers”.
WorkSafe calls on employers to ensure that they have clear standards, policies, and procedures pertaining to bullying or any form of harassment. Employers must create a culture where reporting inappropriate behaviour is encouraged.
“It is simply not enough to rely on regular team meetings or informal catchups to address inappropriate behaviours, particularly when there are power imbalances that can make it difficult for workers to speak up,” said Mr Jenkin.
Under the Sex Discrimination Act 1984 (Cth), organisations and businesses from December 2022 have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:
- discrimination on the grounds of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the grounds of sex
- related acts of victimisation
You can find more information about workplace sexual harassment on our OHS Reps page The right to a workplace free of discrimination and harassment, and more information about the Positive Duty in the Sex Discrimination Act at the Australian Human Rights Commission.
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