Bullying and Harassment costs Director $15,000 in fines

Trigger warning: This article talks about workplace sexual harassment and bullying. If this topic is distressing, feel free to skip the next two paragraphs.

A recent case in Frankston South shows why workplace behaviour matters. The director of a small electrical company bullied and sexually harassed a young female apprentice over several months. The court fined him $15,000. He held a position of power and used it to cause harm.

WorkSafe found the company had no policies in place to report or deal with inappropriate behaviour. That means the apprentice had no clear pathway to speak up or feel protected. This is a case of real psychological harm that could have been prevented.

The court said it was "reasonably practicable" for the director to avoid causing harm simply by not engaging in this behaviour. That might sound obvious, but it highlights something many workplaces still miss: the importance of understanding, identifying, and managing psychosocial risks like bullying, harassment, and work-related gendered violence.

The first step in managing any risk is knowing how to identify it. People need to understand what to look for before they can recognize a problem. In this case, if the director did not act with intent to harm, it is possible he did not realize his behavior met the definition of bullying or harassment. What constitutes bullying and harassment is clearly stated in official laws, guides, and codes of practice.

Workplace bullying is repeated and unreasonable behavior directed towards a worker or a group of workers that creates a risk to health and safety.

It is a risk to health and safety because it may affect the psychological and physical health of workers. 

Even practical jokes or initiation rites for new workers or new team members, while sometimes presented as team-building activities, can easily cross the line into illegal harassment if they involve hazing or activities that create a hostile work environment. 

This case shows why training and education are so important.

Company directors need to stay informed of changes and trends in workplace health and safety by keeping up-to-date with WHS laws, regulations, and best practices. Since 2022, psychosocial hazards and risks have become a key focus of legislative changes, with state regulators launching several initiatives and awareness campaigns in response.

Workers need to know they’re supported. And workplaces need systems in place, so no one feels alone or unsafe. Directors must get their management teams to engage with workers and health and safety representatives on WHS matters, including psychosocial matters such as bullying and harassment. 

At Courtenell, we support businesses in creating safer, healthier workplaces. This includes facilitating psychosocial risk assessments that help identify potential issues early and put the right controls in place before harm occurs. We also offer targeted training on psychosocial hazards and risks to build awareness and support more respectful, inclusive working environments. For a more hands-on approach, we can deliver the program in a practical format where participants complete real-world assessments and gain valuable firsthand experience.

If you are interested in a practical risk management program that addresses psychosocial risks and hazards directly, or any other types of hazards and risks that are specific to your workplace, feel free to contact us by email at train@courtenell.com.au or phone us on 02 9552 2066.