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Firm fined after harassment allegation reveals policy flaws

A video production company and director have been fined $55,000 after an employee contacted WorkSafe alleging sexual harassment.

Indimax Film Productions and its 45-year-old sole director were sentenced this month at Melbourne Magistrates’ Court after pleading guilty to a number of charges under the Occupational Health and Safety Act. 

The company was found to have no sexual harassment policy to help it prevent or respond to inappropriate behaviour.

WorkSafe Victoria chief health and safety officer Sam Jenkin says processes were ignored that should have been in place to make workers feel protected and know they could raise concerns.

“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,” he said.

The Port Melbourne company was convicted and fined $40,000 for failing to provide or maintain a safe workplace. 

The director – who the employee accused of harassment over several months – was fined $15,000 without conviction for failing to provide or maintain a safe work environment and failing to take reasonable care as an officer of the company.

Mr Jenkin says workplace bullying and harassment is a common cause of mental and physical injury, and has lasting impacts.

WorkSafe says employers should set clear standards around acceptable behaviour, via training and role modelling by leaders, and have a clear and confidential reporting and response process.

“Have policies and procedures to guide a consistent approach to prevent, respond and report workplace bullying and harassment,” it said.

“Discuss and promote these in team meetings and health and safety committee meetings.

“Encourage reporting. It is important for those who experience or witness workplace bullying or harassment to know who they can talk to, that a report will be taken seriously and that confidentiality will be maintained.”

Information on policies and procedures should be part of supervisor training and new employee inductions, and all employers should regularly check the workplace for signs of problems, in consultation with staff and health and safety representatives.