BHP, Rio Tinto hit with sexual harassment class actions

Offensive language and behaviour, pranks, and pregnancy discrimination are all featured in proceedings filed against Australian mining giants BHP and Rio Tinto, alleging “widespread, systemic” issues on worksites.

Earlier this week, individual proceedings were filed in the Federal Court of Australia against Australian mining companies BHP and Rio Tinto by JGA Saddler – whose founders formerly led the class actions practice at national plaintiff firm Shine Lawyers – and global litigation funder Omni Bridgeway.

JGA Saddler has asked the Federal Court to redact all names in the filings, amid concerns for the personal safety of the lead applicants. Women who were subject to harassment or discrimination while working at one or more Australian workplaces for BHP or Rio Tinto, anytime from November 2023, are eligible to be claimants, the firm added.

Broderick reviews into Rio Tinto

In late May, HR Leader’s sister brand, Lawyers Weekly, reported that Shine was investigating whether Rio Tinto and/or its related subsidiaries failed to take adequate steps to eliminate discrimination and sexual harassment for employees as far as possible in its workplaces and whether they are liable.

That investigation followed a review, conducted by former Australian sex discrimination commissioner Elizabeth Broderick, which had identified “disturbing findings of bullying, sexual harassment, racism and other forms of discrimination through the company”.

As noted by Lawyers Weekly at the time, among the report’s findings were that, in a five-year period, nearly three in 10 women and 6 per cent of men had experienced sexual harassment at work, four in 10 men and over three in 10 women who identify as Aboriginal or Torres Strait Islander in Australia experienced racism. Shockingly, 21 women surveyed reported actual or attempted rape or sexual assault.

In a statement issued at the time of the report’s release, Rio Tinto chief executive Jakob Stausholm said: “The findings of this report are deeply disturbing to me and should be to everyone who reads them. I offer my heartfelt apology to every team member, past or present, who has suffered as a result of these behaviours. This is not the kind of company we want to be.”

Last month, and as reported by HR Leader, a new report into the culture at Rio Tinto revealed that not only have such issues been sufficiently addressed, but that, in some cases, things are getting worse.

Instances of bullying, for example, were up 31 per cent from 2021, seven per cent of employees (including 16 per cent of women) had experienced sexual harassment – a figure unchanged from the last review – and eight employees had experienced actual or attempted sexual assault or rape, up from five in 2021.

The new review also found a perceived improvement in relation to bullying (50 per cent), sexual harassment (47 per cent), and racism (46 per cent), compared to 8 per cent who thought bullying had become worse, 2 per cent who thought sexual harassment had become worse, and 4 per cent who thought racism was worse.

Stausholm said: “People are still experiencing behaviours and attitudes in our company that are unacceptable and harmful. I am greatly troubled by this and sincerely apologise on behalf of our leadership team to anyone affected.”

“The review also shows that while progress is being made, achieving the sustained change we want to see in our culture will require ongoing focus and effort. My message today is that we will stay the course.”

HR Leader noted that “stay the course” was a sentiment echoed by Broderick, who, although disappointed by the findings, expressed optimism about the progress being made.

“I applaud Rio Tinto’s continued leadership and commitment to transparency in driving cultural change. This is a significant undertaking in a global company with a growing and dynamic workforce, diverse roles, and complex working environments,” she said.

“Two years on, the progress is evident, and there is an ongoing commitment to this work. I am not surprised to see some areas where results haven’t improved; this is a normal part of the cultural change process. With sustained focus from Rio Tinto, we should expect to see the positive change spread over time.”

Proceedings filed

Speaking about the class actions, JGA Saddler director Joshua Aylward (pictured) said: “Women in mining don’t want another independent review; they want change, and they deserve a safe and respectful workplace.

“These class actions will give a voice to these women, many of whom have been too afraid to speak out for fear of losing their jobs or of workplace reprisals.

“We have heard reports of everything from unwanted touching and sexual harassment to rape, violence and physical threats, as well as gender discrimination and pregnancy discrimination.”

The Anti-Discrimination Act notes that an employer is liable if they ‘permit’ a woman to work in an environment where they will likely be exposed to sexual harassment and discrimination.

Aylward said: “BHP and Rio Tinto have sent female staff to these sites knowing there was a high risk of personal danger, and then punished them with demotion, dismissal or discrimination when they reported it.”

“Having heard some of the most harrowing reports of harassment and intimidation that some women face on mining sites, I wouldn’t be recommending any women enter into the industry until these global companies genuinely make women’s personal safety a priority.”

Omni Bridgeway investment manager Niall Watson-Dunne said: “By providing funding, we are dedicated to ensuring access to justice for everyday Australians who face barriers in pursuing their legal rights.”

“Our support allows these workers to focus on their case without the burden of legal costs, ensuring they have the support and resources to challenge inequities and achieve a fair outcome.”

Rio Tinto lead applicant

The lead applicant in the proceedings against Rio Tinto alleges suffering sexual harassment on a weekly basis while working as a FIFO security guard at one of the company’s Australian sites.

“I was sent unsolicited sexually explicit messages, videos, and pictures from a colleague, including pictures and videos of him masturbating in his onsite room. Rio Tinto allowed him to resign, but after my complaint, I was overlooked for opportunities to upskill,” the applicant said in a statement.

“Standing up and saying something has come at a huge professional and personal cost, but until women in mining join together and say, ‘no more’, these big companies will continue to cover it up.”

BHP lead applicant

In the proceedings against BHP, the lead applicant – who worked for the company as a drive-in, drive-out (DIDO) operator – alleges being subjected to escalating “pranks” being played by male staff members on her and her donga, such as turning off her gas and electricity, putting toothpaste on her door and disabling the battery of her car, which made her feel vulnerable and threatened.

She was, JGA Saddler outlined in a statement, urinated on, sexually harassed over the two-way radio, and had a BHP employee defecate in front of her.

“There have been times I haven’t reported an incident for fear of what might happen to my career, my job, and my personal safety,” said the applicant.

“There has been no transparency or accountability for these companies, which has contributed to unsafe workplaces for women. I don’t want anyone else to be subjected to the sexual harassment, threats, and disgusting behaviours I have seen and experienced on BHP mine sites.”