No Safeguards, No Excuse: Court Slams Employer for Allowing Sexual Harassment to Go Unchecked

In WorkSafe v Indimax Production Pty Ltd, Melbourne Magistrates Court, 24 September 2025 the Court convicted and fined a video production company for failing to implement safeguards against sexual harassment. The employer was prosecuted under s 21(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to maintain a safe workplace and was fined $40,000, while its Director was personally fined $15,000.

The Court found the employer had no written harassment policy, provided no training and offered no confidential reporting channels. These failings came to light when an employee alleged she had been harassed by the director, who on several occasions touched and squeezed her shoulder, back and thigh and once tucked her tag into her pants. With the employee reporting directly to him, there was no avenue to escalate a complaint.

The Court said this created an unsafe environment, with risks to health ranging from distress to severe psychological harm. As the behaviour continued for months and the company showed no remorse, the offending was assessed as moderate to serious.

Our Take

No real surprise that this matter resulted in a conviction and fine. Clearly this was an organisation that hadn’t contemplated nor addressed the basics of the Respect@Work changes.

We echo the comments of Binet DP in Tamaliunas v Alcoa (2 April 2024) where she said “the bar as to what constitutes consent for physical and sexual interactions has been significantly raised in the broader community. An even higher bar has been set for interactions occurring in work related environments”.

The interesting parts of the decision were the:

a) Director’s substantial personal fine; and

b) Identification of the failure to have alternative confidential reporting channels.

Action Items:

• Implement clear policies – Ensure your workplace has a contemporary written sexual harassment policy that complies with WHS and discrimination laws. Check terminology.

• Provide training – Educate all staff and managers on appropriate behaviour and reporting processes. Yearly would be ideal.

• Establish safe reporting channels – Provide multiple, confidential avenues for employees to raise concerns outside of direct reporting lines. This may require some additional options.

• Audit and review – Regularly test whether your policies are effective in practice, not just on paper.

• Model culture from the top – Senior leaders must set behavioural standards and be visibly accountable.

Edge Legal

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