Fortescue stands down senior executive amid sexual harassment claim
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Days after expressing confidence in its decision not to stand down an executive subject to allegations of sexual harassment, mining giant Fortescue has done an about-face and suspended that executive.
Fortescue, one of Australia’s largest mining companies, has suspended an unnamed executive who, as previously reported earlier this month by The Australian Financial Review, was accused by a female employee of alleged sexual harassment and bullying.
BigLaw firm MinterEllison was engaged by Fortescue to investigate the claims, while the executive continued to work for the company. Last week, as reported by AFR, Fortescue head of growth and energy Gus Pichot said the company was “quite confident we’re following the proper process … and consider that the current arrangements are appropriate” by not standing down the executive.
However, yesterday (Tuesday, 25 August), that decision was reversed.
In a statement provided to HR Leader, a Fortescue spokeswoman said MinterEllison is conducting an independent, external investigation “into allegations concerning an employee”.
“These allegations are being treated extremely seriously,” she said.
“As the investigation has progressed, Fortescue has continued to take external legal and governance advice. It has been decided that the employee who is the subject of the allegations will not undertake any work for Fortescue while the investigation continues.”
“The investigation is ongoing, and no findings have been made.”
“Sexual harassment, unlawful discrimination, and any behaviour that makes people feel unsafe have no place at Fortescue.”
The news follows the filing of class action proceedings, in June of last year, in the Victorian registry of the Federal Court by plaintiff law firm JGA Saddler, accusing Fortescue of systemic sexual harassment, gender discrimination, and hostile work environments at its remote Australian worksites and accommodation villages.
As noted by Reuters, Fortescue’s financial year reporting detailed a 20 per cent drop in “psychosocial” breaches, including sexual harassment, ethics issues, and other incidents, with 98 incidents reported in FY2025–26. Moreover, Fortescue said it had dismissed 11 people for breaches of its code of conduct relating to discrimination and sexual harassment during the year, and found 13 cases of inappropriate sexual contact, 10 of sexual harassment and one of sexual assault. The mining giant employs more than 16,000 people.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
Suspension is a temporary time during which the employee is not required to go to work; it may be the result of an enquiry into claims of misbehaviour or other unsatisfactory performance or behaviour.
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