Toy company fined $100,000 over workplace sexual harassment risk

The Heidelberg Magistrates’ Court sentenced Blisspell ex parte on Wednesday 21 May after finding it guilty of a single charge. The company, now in administration, was also ordered to pay $6,060 in costs.

In January 2023, a worker raised several allegations about inappropriate workplace behaviour. These included comments and text messages from a company director that intruded into her personal life and were sexual in nature.

WorkSafe’s investigation found that between October 2022 and January 2023, Blisspell lacked a formal system for identifying, preventing, managing, investigating or responding to inappropriate workplace behaviour.

The court found the company could reasonably practicably have reduced the risk of injury by developing a workplace behaviour policy defining unacceptable conduct, including sexual harassment, and setting out how workers could report concerns and how those concerns would be addressed. It also found the policy should have been implemented through training for managers, supervisors and workers.

WorkSafe Executive Director of Health and Safety Sam Jenkin described sexual harassment as a serious workplace safety issue that can cause psychological and physical harm. “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,” Mr Jenkin said.

“It is simply not enough to rely on regular team meetings or informal catch ups to address inappropriate behaviours, particularly when there are power imbalances that can make it difficult for workers to speak up.”

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