How to deal with a ‘Baby Reindeer’-like stalker in the workplace

The recent Netflix series Baby Reindeer shined a light on the issue of workplace stalking, offering insight into the harsh reality that many face. This complicated issue is an increasing problem across Australia, as a partner at a global law firm explains.

Popular Netflix show Baby Reindeer took the world by storm on its release, capturing the eyes of viewers across the globe. The show itself raised some dark topics, but it was able to bring attention to the dangers of stalking.

The theme of the show follows the experiences of Donny, a struggling comedian who becomes the target of an obsessive stalker, Martha, after offering her a free drink at the bar where he works.

Throughout the show, Martha’s overwhelming fixation with Donny escalates to a level that is both disturbing and dangerous. She stalks him online, sends him thousands of emails, turns up at his workplace and home uninvited, and harasses (and, in some instances, assaults) his friends, girlfriend, and family.

Paul O’Halloran, employment and safety partner at global law firm Dentons, believes the show encapsulates a reality that is increasingly occurring across the Australian workplace.

O’Halloran first explained what stalking is and how it is becoming a common behaviour throughout Australia.

“The Australian Bureau of Statistics (ABS) in [its] Personal Security Survey defined it broadly to include a number of behaviours (such as loitering around the victim’s home or workplace, following the victim, and damaging their property) undertaken with the intention of causing fear and distress,” O’Halloran said.

“The extent of the problem is highlighted by the ABS reporting that one in seven Australian adults (an estimated 2.7 million people) have experienced stalking since the age of 15 years. These statistics include 20 per cent of women and 6.8 per cent of men. Around 9.9 per cent of the stalking perpetrated against women arose from work and professional relationships.

“Common stalking behaviours reported in the Personal Security Survey included maintaining unwanted electronic contact (64.5 per cent), following or watching the victim (39.8 per cent), and relevantly in the employment context, loitering around the victim’s place of work (33.6 per cent). In terms of impact, 34.3 per cent of women and 33.6 per cent of men surveyed stated that the stalking they had experienced had impacted their work life.”

The criminal offences that can arise from this behaviour vary, with the maximum penalty being 10 years in prison.

“In Victoria, section 21A of the Crimes Act 1958 (Vic) makes stalking into a criminal offence. This offence of stalking is serious, with a maximum penalty of 10 years in prison. A person stalks another if they engage in a course of conduct with an intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety,” O’Halloran said.

“Stalking behaviours include actions such as following the victim; contacting the victim by post, telephone, text message or email; publishing on the internet statements or material about the victim; entering or loitering outside or near the victim’s place of residence or of business; making threats to the victim; or keeping the victim or any other person under surveillance.”

O’Halloran used an example of a case that occurred between the Medical Board of Australia and a registered doctor who became infatuated with another colleague and spent months stalking and harassing her.

“In the case of Medical Board of Australia v Khoo (Review and Regulation) [2021] VCAT 67 (27 January 2021) (Khoo), Dr Khoo became infatuated with a colleague, Dr Z, and over a number of months, sent her many social media messages.

“He discovered Dr Z’s address without her knowledge by photographing a package sent to her at work, made a copy of her house keys, and later broke into her apartment (while she was not home) and took some of his clothes off, before being caught by Dr Z’s roommate.

“Dr Khoo was eventually charged with stalking under section 21A of the Crimes Act. His employer responded swiftly, placing Dr Khoo on leave with pay after becoming aware of the charges. He plead[ed] guilty and received a fine of AU$2,500,” O’Halloran said.

Being a victim of these actions can be a terrifying predicament, but there are a number of legal routes that can be taken to halt and put an end to such behaviour. Similar to stop bullying orders, stop sexual harassment orders can be put in place by the Fair Work Commission (FWC) under the Fair Work Act. These sexual harassment behaviours can oftentimes closely relate or intertwine with stalking behaviours.

“The FWC can deal with disputes about sexual harassment in connection with work under the Fair Work Act. In some cases, the workplace sexual harassment may be associated with stalking-related behaviours,” O’Halloran said.

“The FWC can make a stop sexual harassment order if satisfied that a person has been sexually harassed and there is a risk they will continue to be sexually harassed in connection with their work. The orders can extend beyond co-workers and can apply to customers or other workplace participants.”

In terms of protection for workers who are experiencing stalking behaviours, personal safety intervention orders (PSIOs) can be another route they can take to deal with the behaviour.

“PSIOs are orders made by magistrates which protect persons from physical or mental harm caused by persons other than family members. In Baby Reindeer, if Donny had taken out a PSIO with a non-contact condition against Martha, any future attempts by her to intrude upon his workplace would have been criminal acts,” O’Halloran said

“In the context of the workplace, PSIOs can be ordered where persons have been subject to ‘prohibited behaviour’, including being assaulted, harassed, threatened, or stalked. Unlike criminal offences, they only need to be proved on the balance of probabilities, which makes them easier to obtain for vulnerable applicants.

“When made, PSIOs generally include conditions, such as that the respondent (alleged stalker) must not contact or follow the applicant (person being stalked). This raises potential issues for employers where both the respondent and applicant are employees.”

Overall, O’Halloran made it clear that this isn’t merely a behaviour exerted on popular TV shows. Instead, it’s a damaging issue affecting workers across Australia and is something employers have an obligation to ensure that their workers are safe from.

“Stalking does not just occur on TV. Statistics show it is a serious and widespread problem [that] raises many workplace legal issues. Depending on the circumstances, employers will owe different obligations to different persons. Legal advice is recommended to ensure duties under various workplace and criminal laws are taken into account and that employee health and safety is protected,” O’Halloran said.