Boss found guilty of sexual assault at two hospital cafes
Two hospital cafes in Victoria have been fined nearly $300,000 combined over the sexual assault of six workers, the youngest aged just 16-year-old.
The harassment included groping, touching and sexually intrusive and suggestive comments.
The café boss was convicted and fined $40,000 in the Melbourne Magistrates' Court.
He was convicted on two charges of failing to ensure a workplace under his control was safe and without risks to health.
Whitelom Investments Pty Ltd, of which he was sole director, was convicted and fined $110,000 for failing to maintain a workplace that was safe and without risks to health as the operator of the café at a hospital.
He was also a joint director of Whitelom Pty Ltd, which was fined $140,000 for failing to ensure a workplace under its control was safe and without risks to health.
The joint directorship was for another café at a different hospital.
WorkSafe had been investigating the workplaces since April 2021, after they were alerted to a complaint regarding persistent sexual harassment by the boss.
While the workplace had an online bullying and harassment policy, employees were not of informed of any complaint management process.
WorkSafe executive director of health and safety Narelle Beer said, "It doesn't get much lower than a boss who preys on his own young workers, some still in school and starting their first jobs, for his own sexual gratification," Dr Beer said in a statement.
She said WorkSafe would not hesitate to prosecute any employer who failed to take their obligation to provide and maintain a safe workplace seriously.
"It essential that employers not only set clear standards but have policies and procedures to ensure they can prevent, respond to and report such behaviours."
A worker at the café who cannot be named was also accused of groping a young co-worker. He was made to write a letter of apology and donate $750 after entering into a 12-month diversion plan.
If you or anyone else has been the subject of bullying or assault call 1800 RESPECT (1800 737 732) or the National Sexual Abuse and Redress Support Service on 1800 211 028.
Jonathan Jackson, 31st October 2023
