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A Port Melbourne-based video production company and director have been issued with fines totalling $55,000 for placing workers at risk of sexual harassment.
In July 2022, an employee of Indimax Film Productions contacted WorkSafe alleging they had been subjected to sexual harassment by the company’s director over several months.
Following this, a WorkSafe investigation revealed that 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.
On 11 September, Indimax Film Productions its sole director, aged 45, were sentenced in the Melbourne Magistrates’ Court after pleading guilty to numerous charges under the state’s 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 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, albeit without a conviction.
The court heard, WorkSafe noted in a statement, that 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 that 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,” he 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.”
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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.
Jerome Doraisamy is the managing editor of Momentum Media’s professional services suite, encompassing Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times. He has worked as a journalist and podcast host at Momentum Media since February 2018. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
