Indimax Film Productions Pty Ltd and its sole director, 45, were sentenced in the Melbourne Magistrates' Court on Thursday 11 September after pleading guilty to a number of charges under the Occupational Health and Safety Act.
The company was convicted and fined $40,000 for failing to provide or maintain a workplace that was safe and without risks to health.
The director was, without conviction, fined $15,000 for failing to provide or maintain a safe work environment and failing to take reasonable care as an officer of the company.
In July 2022, an employee contacted WorkSafe alleging they had been subjected to sexual harassment by the company's director over several months.
A WorkSafe investigation revealed the company had no sexual harassment policy in place at the time to identify, prevent, manage, investigate or respond to inappropriate behaviours in the workplace.
The court heard it was reasonably practicable for the company and the director to devise and implement a policy on appropriate and inappropriate workplace behaviour, including sexual harassment, that provided a clear and confidential reporting and response process for workers and training to managers, supervisors and workers.
WorkSafe Chief Health and Safety Officer Sam Jenkin said workplace harassment was a common cause of mental and physical injury, which could have long-lasting impacts.
"In this instance, there were various overlooked or ignored processes that should have been in place to make workers feel protected and supported, including the knowledge that they could easily raise any concerns about their workplace experiences," Mr Jenkin said.
"Power imbalances in work environments can often make it difficult for workers to speak up, so it's vital that functioning reporting systems are in place and all staff members are confident in how to use them."
To prevent workplace bullying and harassment 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.
