WorkSafe Victoria was recently successful in its prosecution of video production company, Indimax Film Productions Pty Ltd (the Employer) and its sole director for placing its workers at risk of sexual harassment in breach of the Occupational Health and Safety Act 2004 (Vic) (OHS Act).
In July 2022, a worker contacted WorkSafe Victoria alleging that they had been subjected to sexual harassment by the sole director over several months.
Following an investigation, WorkSafe Victoria alleged that the Employer did not:
In the proceedings before the Melbourne’s Magistrate’s Court (the Court), the Employer pleaded guilty to contravening section 21(1) of the OHS Act, which requires employers to provide and maintain a workplace that is safe and without risks to health, so far as is reasonably practicable.
The Court found that the sole director had sexually harassed the worker and that the Employer’s breach of section 21(1) of the OHS Act indicated a “complete disregard” for the potential and real risks of sexual harassment in the workplace.
As a result, the Employer was convicted and fined $40,000 (which was discounted from $50,000 because of its guilty plea). The sole director was also fined $15,000 for failing to provide or maintain a safe work environment and failing to take reasonable care as an officer of the company.
Risk Management and Training
This is one of the first WHS prosecutions related to sexual harassment in the workplace and should serve as a reminder for all employers (and Company officers) to ensure they and their employees undergo anti-harassment training. For those interested employers, please reach out to us as we can run training (online and in person) on the Respect @ Work obligations and best practice to prevent harassment at work.
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