Painting company fined $90,000 over manager’s sexual harassment

The company was sentenced ex parte in the Sunshine Magistrates’ Court on Tuesday 11 March after being found guilty of one charge of failing to provide a safe workplace without risks to health. It was also ordered to pay $6,792 in costs.

The court heard the harassment started during the worker’s first trial shift in May 2022. The manager, who was the husband of the company’s sole director, commented on the worker’s appearance and asked intrusive questions about their personal life.

His behaviour escalated to repeated requests to spend time with the worker. On one occasion, he put his arm around the worker’s neck, then smiled and walked away.

In July 2022, the manager collected the worker from Bundoora train station, claiming they had a job nearby. Instead, he drove them around for more than 1.5 hours while pressuring them to spend the day with him. The worker recorded some conversations, including suggestions that they visit a hotel room and massage each other.

The worker resigned after that incident. They continue to have flashbacks and disrupted sleep and are receiving treatment for anxiety and depression. After a complaint to WorkSafe, investigators found the harassment had lasted about 60 days, spanning the worker’s employment, and that the company had no sexual harassment policy.

The court found the company could reasonably have developed and implemented a policy covering appropriate and inappropriate workplace behaviour, including sexual harassment. It should have included a process for workers to report concerns and have them addressed, along with training for managers, supervisors and workers.

WorkSafe Executive Director of Health and Safety Sam Jenkin said inappropriate workplace behaviour, including sexual harassment, was a common cause of mental and physical injury with potentially lasting effects. "This is an abhorrent case of someone in a position of power preying on a vulnerable worker new to the job," Mr Jenkin said.

"Sadly they were failed not only by the perpetrator but the company as a whole, which should have had systems in place to prevent and respond to bad behaviour." Mr Jenkin said employers were responsible for setting clear workplace behaviour standards and having policies to identify, prevent, respond to and report sexual harassment.

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