BHP, Rio Tinto hit with sexual harassment class actions

A class action lodged this week over alleged chronic sexual harassment at Rio Tinto and BHP mine sites reflects a failure by mining companies to protect women entering the industry, according to the Mining and Energy Union. MEU general vice president Stephen Smyth said some of the stories emerging from women in the industry detailing chronic harassment were horrific. "Stories emerging about women being victimised or even dismissed after making a complaint about sexual harassment are sadly all too common,” Mr Smyth said. "Unfortunately, mining companies have a long history of targeting and blacklisting employees perceived to rock the boat. This has long been a concern regarding general mine safety and is a clear factor in mining companies failing to address sexual harassment. “Mining can be a great career for women and it is fantastic to see more women joining the industry. But mining companies have a long way to go to gain trust that they will handle cases of sexual harassment and abuse fairly and transparently.” Two class actions have been filed in the Federal Court against BHP and Rio Tinto by law firm JGA Saddler, backed by global litigation funder Omni Bridgeway. JGA Saddler told the Reuters news agency it expected 'thousands of female workers' at the two companies to join the class actions. Accounts have emerged include women being urinated on, defecated in front of, sexually groped and secretly filmed at mine sites as well as having their complaints shut down by employers. Responding to the matter filed in the Federal Court, Rio Tinto said the company treated all such claims with the utmost seriousness. In 2021, Rio Tinto commissioned an external review of workplace culture led by former Australian Sex Discrimination Commissioner Elizabeth Broderick. The resulting Everyday Respect report was published in February 2022, and a recent progress review was published last month. The company said the review found its actions in response to the report were helping make Rio Tinto a better place to work, but also found there was still work to do in fostering an environment where all employees felt safe, valued, and respected. A BHP spokesman said the company had been focused for many years on identifying, calling out and dealing with instances of disrespectful behaviour including sexual harassment, racism and bullying. "We deeply regret and apologise unreservedly to anyone who has ever experienced any form of harassment at BHP," he said. The company spokesman said BHP had a wide range of controls in place focused on prevention, reporting and response. "We’ve rolled out respectful behaviour training, improved our investigation resourcing and approach, and invested $US500 million to improve the safety and security of accommodation villages in Australia, he said. "This includes increased security guard coverage, upgrades to village lighting and CCTV, and enhancements to room security. "We encourage people to speak up as active bystanders and report any concerns about behaviour. We treat all reports seriously and take strong disciplinary action, including termination of employment, where we find that inappropriate behaviour has occurred." Mr Smyth said MEU surveys of members in the Western Australian and Queensland mining industries showed that along with high levels of sexual harassment and inappropriate behaviour, workers had low trust in employer handling of complaints. This was backed up by Rio Tinto’s recent progress report on bullying and harassment, which found just 13 per cent experiencing sexual harassment reported it, with half of those who reported sexual harassment experiencing negative consequences. Mr Smyth encouraged women entering the mining industry to join the union and access independent avenues for reporting sexual harassment rather than go through company processes. “We know that workplaces with a higher union density are safer and offer workers more support,” Mr Smyth said. “We encourage women in the industry to join the union and utilise the workplace and legal support we provide our members. Additionally, we encourage all employees to access the independent reporting hotlines provided by state governments. “Well done to those women who have spoken out about sexual harassment. The MEU will continue our advocacy for safer workplaces and a better industry for all.”

BHP, Rio Tinto hit with sexual harassment class actions

Industry Queensland

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