Director faces 34 charges for failing to manage poor workplace behaviour

A Victorian company director is facing 34 charges under the Occupational Health and Safety Act, accused of bullying, sexually harassing, and directing gendered violence at a female employee. WorkSafe Victoria alleges the director failed to uphold their duty of care by neglecting to take reasonable steps that could have reduced the risk of harm.

The company is also accused of not having adequate systems to identify, report, investigate, and address inappropriate workplace behaviour. Employees were reportedly not provided with the necessary training or information on expected conduct, manager responsibilities, reporting procedures, or complaint resolution processes.

Traditionally viewed as HR matters, issues like bullying, sexual harassment, and gendered violence are equally significant as workplace hazards that businesses are obligated to manage under WHS laws. This case underscores the importance of identifying workplace risks and implementing measures to prevent harm, as managing psychosocial risks is a fundamental legal duty for businesses.

Identifying and addressing workplace behaviour risks

Bullying, sexual harassment, and gendered violence are not isolated issues—they are potential psychosocial risks that can arise in any workplace. Every business has a responsibility under health and safety laws to proactively identify these behaviours as potential hazards and implement measures to manage and mitigate them. Failure to address these risks can have significant legal, financial, and reputational consequences, alongside the devastating personal impacts on team members.

Practical steps for managing workplace behaviour risks

Under health and safety law, businesses have an obligation to identify and manage health and safety risks so far as is reasonably practicable. Here are some steps your business could take to assist with this obligation:

1. Identify risks in consultation with your workforce:
   Consult with the workforce to identify bullying, sexual harassment, and gendered violence as potential health and safety risks. Consulting with the workforce ensures a more thorough understanding of risks and their impact.

2. Implement Risk Controls:
   Use higher-order controls, where possible, to reduce risks. This could include adjusting workflows, enhancing supervision, or modifying work environments to address identified hazards effectively.

3. Develop and Implement Policies:
   Create and implement policies outlining your company’s position on these behaviours. These policies must align with guidance materials provided by regulators and clearly define processes for reporting and resolving complaints, including but not limited to reporting systems, investigation procedures, and resolution processes.

4. Provide Information, Instruction, and Training:
   Train team members and managers on expected workplace behaviour, reporting mechanisms, and resolution processes. Ensure that everyone understands their role in maintaining a safe and respectful environment and is informed about and understands the policies in place.

5. Support Mechanisms:
   Plan for, implement, and communicate support mechanisms for all team members to promote a safe and respectful workplace. This may include confidential reporting channels, Employee Assistance Programs, and access to appropriate follow-up care. Actively encourage team members to use these resources to support their wellbeing and address any workplace concerns.

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Need Expert Support?

At Risk Collective, we help businesses proactively identify workplace risks and implement effective risk control measures. From tailored policies and training to comprehensive systems and controls, we support you in managing psychosocial risks and building safer, more respectful work environments.