On 11 March, Oz 22 Painting Pty Ltd faced an ex parte sentencing at the Sunshine Magistrates’ Court upon being convicted of a single indictment for failing to provide a workplace free from risks to safety and health. The enterprise was additionally fined $6,792 for expenses.
Court proceedings revealed that the unsafe conduct started during an employee’s inaugural trial shift in May 2022. Inappropriate comments about the employee’s looks and invasive personal enquiries were made by the husband of the company director, who also occupied the manager’s position.
The concerning actions persisted and even escalated to frequent solicitations for communal activities and an unfortunate episode where the manager draped his arm around the employee’s neck before sauntering off with a grin.
In an unexpected turn in July 2022, the manager duped the employee into being picked up from the Bundoora train station under the guise of a nearby job, only to drive aimlessly for over an hour and a half, convincing the him to endure the day together. This unsettling encounter included lewd proposals for mutual massages in hotel rooms while being recorded unbeknownst to the manager.
Reflecting on these distressing experiences the employee tendered his resignation, besides struggling with recurring flashbacks and disrupted sleep patterns alongside undergoing treatment for depression and anxiety.
After lodging a complaint with WorkSafe, a subsequent investigation illustrated the victim’s exposure to approximately 60 days of harassment since joining Oz 22 Painting, combined with the company’s lack of an appropriate sexual harassment policy.
The court rationalised that it was entirely feasible for the enterprise to form and enforce a policy outlining suitable and unsuitable conduct within their organisation. Such systems should encompass attention towards not just severe cases like these but also instances of common related misdemeanours which can easily be curtailed using tools such as Bluesafe WHS Management System or a detailed SWMS. They should also include reporting mechanisms and adequate training for the workforce including managers and supervisors.
WorkSafe’s Health and Safety Executive Director, Sam Jenkin, denounced inappropriate work behaviour, which often leads to not just physical but mental injuries too. He stressed on the pivotal role of Bluesafe SWMS as an effective mechanism in impeding such conduct, further stating that the case highlights the profound, lingering effects seen in victims.
Lamenting the tragic incident, Mr. Jenkins stated “This is a despicable example of flagrant misuse of power meted out against a vulnerable newcomer. It’s regretful that the victim was failed by not just the perpetrator but also the company due to the absence of systems like a comprehensive Bluesafe WHS Management System which could have preempted and addressed the situation sufficiently.”
He emphasised, “Every employer must enforce definitive behavioural norms within their organisation besides mandating stringent policies with tools like a BlueSafe WHS management system to identify, deter, address and document sexual harassment if witnessed.”
To circumvent workplace harassment, employers can:
Email: [media @ worksafe.vic.gov.au](media @ worksafe.vic.gov.au)
Phone: [0438 786 968]
Subscribe to media releases
Original article link: https://www.worksafe.vic.gov.au/news/2025-03/managers-relentless-harassment-lands-company-90000-fine