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A prominent Australian toy distributor has been slammed with a $100,000 fine after failing to provide a psychologically safe working environment for staff.
Blisspell, trading as Toy Networx, was sentenced in the Heidelberg Magistrates Court on Wednesday (21 May) over a single charge of failing to provide or maintain a safe workplace for employees – resulting in a $100,000 fine.
The guilty charge comes after a worker made a series of allegations based on inappropriate behaviour at the workplace back in January 2023. The worker alleged that the company’s director made comments and sent text messages of a sexual nature that “pried into her personal life”.
WorkSafe found that from October 2022 to January 2023, the company had no formal system in place to identify, prevent, manage, investigate or respond to the inappropriate behaviour alleged by the worker.
The lack of a formal system created a psychologically unsafe working environment, which the Magistrates Court found was preventable.
According to WorkSafe, “it was reasonably practicable for [Toy Networx] 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”.
“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,” said WorkSafe executive director of health and safety Sam Jenkin.
“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.”
WorkSafe called on employers to ensure that they have clear standards, policies, and procedures pertaining to bullying or any form of harassment. It stated that employers must create a culture where reporting inappropriate behaviour is encouraged.
“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,” said Jenkin.
Toy Networx failed to appear at any listing of the matter, which resulted in the prosecution making a successful ex parte application. Along with the $100,000 fine, Toy Networx was ordered to pay $6,060 in costs.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
