"In a significant legal decision, the director of Whitelom Investments Pty Ltd, which runs a café at a hospital, was fined $40,000 by the Melbourne Magistrates' Court for failing to maintain a safe and healthy workplace. This conviction came after two charges were levied against the director for not ensuring workplace safety and health.
Additionally, Whitelom Investments Pty Ltd faced its own repercussions, receiving a fine of $110,000 due to its failure in upholding a safe working environment. Similarly, another café operated by Whitelom Pty Ltd at a different hospital, where the same individual served as a joint director, was fined $140,000 for similar safety and health violations.
These legal actions stemmed from an investigation by WorkSafe initiated in April 2021 following a complaint about the director's continuous sexual harassment at work. The court learned that six young employees, some as young as 16, were subjected to physical and verbal sexual harassment by their boss. The harassment ranged from inappropriate touching and groping to sexually explicit comments.
Furthermore, an older employee, whose identity remains confidential, was also implicated in harassing a younger colleague. Despite the café having an online policy against bullying and harassment, it lacked effective reporting mechanisms, leaving employees unsure of how to file complaints.
WorkSafe's inquiry revealed that the director's misconduct dated back to 2014. The court noted that it would have been feasible for the director to refrain from harassing staff and for the companies to provide proper reporting channels for harassment incidents.
Narelle Beer, WorkSafe's Executive Director of Health and Safety, expressed deep concern over the persistence of such predatory behavior in workplaces. She emphasised the importance of employers setting clear standards and implementing policies to prevent, respond to, and report such actions.
In a related development, the aforementioned older worker agreed to a 12-month diversion plan, including writing an apology letter and making a $750 donation, for not safeguarding the health and safety of a colleague.
To combat workplace bullying and harassment, employers are advised to:
Clearly define acceptable and unacceptable behaviors through training and leadership.
Develop and enforce policies and procedures for addressing workplace bullying and harassment.
Promote a culture of reporting and ensure confidentiality in handling such reports.
Include information on workplace bullying and harassment in supervisor training and new employee orientations.
Regularly assess the workplace for signs of bullying or harassment, in consultation with employees and health and safety representatives."
Contact Connexus to assist you in setting out clear standards, policies, and procedures for preventing, responding to, and reporting such behaviours.
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