At HR Staff n’ Stuff, we’re always talking about policies. Why? Because they are there to protect your business just as much as your employees. They set the tone for what is the expected standard of behaviour in the workplace. The recent case of Oz 22 Painting being fined $90,000 for failing to prevent workplace sexual harassment is a stark reminder of why getting this right is not optional.

The case: what went wrong?

Oz 22 Painting was convicted and fined after a female worker reported persistent and escalating harassment by the husband of the company’s director. From inappropriate comments on her appearance to physical contact and eventually coercive behaviour—including being driven around for hours pressuring her to spend the day with him—the situation was completely unacceptable. The company was found guilty of failing to ensure a safe workplace because it did not have a policy addressing inappropriate workplace behaviour, including sexual harassment.

This case sends a clear message: if you don’t have strong policies in place, and if you fail to ensure your employees understand them, your business could face serious consequences.

The role of workplace policies

We know we’ve said this before but it bears repeating: policies aren’t just paperwork; they are your first line of defence. A comprehensive sexual harassment policy should:

• Clearly define what constitutes harassment and inappropriate workplace behaviour.
  
  
• Outline how employees can report concerns safely and confidentially.
  
  
• Establish clear consequences for breaches of the policy.
  
  
• Reinforce leadership’s commitment to a safe and respectful work environment.
  

Without these safeguards, businesses risk not only financial penalties but also damage to their reputation and loss of employee trust. And let’s not forget the harm done to the victims of this awful behaviour.

Policies mean nothing if no one knows about them

It’s not enough to have a policy tucked away in a handbook. Employees need to be aware of it, understand it, and be reminded of it regularly. Training sessions should:

• Cover what constitutes harassment and inappropriate behaviour.
  
  
• Educate your team on how to report incidents.
  
  
• Reinforce management’s responsibility in upholding the policy.
  
  
• Be updated regularly to align with changing laws and best practices.
  

If Oz 22 Painting had trained their employees and enforced a strong policy, they might have prevented the situation—or at the very least, demonstrated due diligence in handling it.

Psychosocial safety and legal obligations

Beyond policies and training, businesses have a legal responsibility to create a safe working environment that includes psychosocial safety—ensuring that employees are not exposed to risks that affect their mental and emotional well-being.

WorkSafe Victoria’s ruling in this case highlighted that the employer failed to ensure the workplace, including transport to job sites, was safe. This means businesses must consider all aspects of workplace safety, including preventing harassment and bullying, to comply with occupational health and safety laws.

What can you do now?

If this case has you wondering whether your business and your employees are adequately protected, take action now:

1. Time to review – Ensure they are up to date, legally compliant, and clearly communicated. Also make sure you have all legally required policies in place as well as any others that are relevant to the size and nature of your business.
   
   
2. Train your team – Schedule regular training sessions and refresher courses for employees and managers.
   
   
3. Foster a safe workplace culture – Encourage and build a workplace culture where employees feel safe to speak up and ensure that reports of inappropriate behaviour are taken seriously and addressed swiftly.
   
   
4. Stay legally compliant – Be proactive in understanding workplace laws related to harassment and psychosocial safety. You need to understand and implement your Positive Duty requirements as well as having a well drafted policy in place.
   

Final thoughts

Workplace policies aren’t just about ticking a box—they are fundamental to protecting your business, your employees, and your reputation. The Oz 22 Painting case is a wake-up call for all business owners because failing to act now could cost you later.

At HR Staff n’ Stuff we’re here to help you navigate these challenges. If you need support reviewing your workplace policies, implementing a portal that allows employees to easily access up to date policies, or training of your employees or leadership team about their responsibilities, get in touch with our team today.