Blisspell Pty Ltd, trading as Toy Networx, was sentenced ex-parte in the Heidelberg Magistrates' Court on Wednesday 21 May after being found guilty of a single charge of failing to provide or maintain a workplace that was safe and without risks to health.
The company, which is now in administration, was also ordered to pay $6,060 in costs.
In January 2023, a worker made a series of allegations of inappropriate behaviour at the workplace, including comments and text messages from one of the company's directors that pried into her personal life and were of a sexual nature.
A WorkSafe investigation revealed that from October 2022 to January 2023, Blisspell had no formal system in place to identify, prevent, manage, investigate or respond to inappropriate behaviours in the workplace.
The court found it was reasonably practicable for the company to have reduced the risk of injury by devising a workplace behaviour policy that described unacceptable behaviours, including sexual harassment, and provided a reporting and response process for workers; and implementing the policy by training managers, supervisors and workers.
WorkSafe Executive Director of Health and Safety Sam Jenkin said sexual harassment was a serious workplace safety issue known to cause both 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."
To prevent inappropriate workplace behaviour employers should:
- Set clear standards of which behaviours are allowed and which are not in your workplace through training and leaders role modelling desired behaviours.
- Have policies and procedures to guide a consistent approach to prevent, respond and report workplace bullying and harassment. Discuss and promote these in team meetings and health and safety committee meetings.
- Encourage reporting. It is important for those who experience or witness workplace bullying or harassment to know who they can talk to, that a report will be taken seriously and that confidentiality will be maintained.
- Ensure that information about workplace bullying and harassment, including relevant policies and procedures, are part of supervisor training and new employee inductions.
- All employers should carry out a regular check of the workplace in consultation with employees and health and safety representatives to identify hazards and risks such as signs that bullying or harassment is happening or if there is an increased risk of it happening.
