Fresh produce company Perfection Fresh is being sued by 12 women who worked at its Two Wells Glasshouse north of Adelaide. They were employed by a labour hire company and contracted to Perfection Fresh.
United Workers Union farm sector executive director Caterina Cinanni said it was one of the biggest cases against workplace sexual harassment and assault ever brought before the Federal Court.
“It must be the responsibility of an employer to provide a safe workplace free from gendered workplace violence especially when the employment model increases a power imbalance, as it does for women that come to work in the horticulture sector in Australia on the PALM program.
“What these women are doing is not an easy thing to do. In our society, women that stand up against this type of gendered violence often face discrimination and blame, when they have not done anything wrong,” Cinanni said.
The allegations were against two men who the workers said were in “positions of authority, trust and control in relation to the applicants”, a claim Perfection Fresh denies.
A report in The Sydney Morning Herald over the weekend said the women claimed the sexual harassment was widespread, with the first man alleged to have made unwanted sexual advances and requests for sexual favours including exposing himself.
It was alleged the second man touched, squeezed and grabbed the workers’ bottoms and breasts on dozens of occasions, and in one incident allegedly placed his hand between a woman’s legs.
Perfection Fresh told the court it not liable for any of the alleged conduct of the two men, as the company did not “cause, aid, instruct or permit the conduct to occur”, and it took all reasonable steps to prevent employees engaging in unlawful sexual harassment, including having policies in place which governed the conduct of employees and engaging all workers in a detailed induction process which outlined the expectations and who they should report issues to.
In their claim, the women said the men’s alleged actions were in contravention of the Sex Discrimination Act and that Perfection Fresh was liable as it let the conduct occur and tolerated it by not having effective policies to prevent it. It also allegedly didn’t encourage workers to report the harassment or take prompt and efficient action when the complaints were made.
In a statement, the company said, “Perfection Fresh said takes any allegation of sexual harassment extremely seriously. It has comprehensive workplace policies and procedures governing the behaviour and conduct of employees, as well as clear processes for raising complaints and the protection of complainants.
“Perfection Fresh has treated the complaints made against two employees very seriously and has responded accordingly.
“In both cases, Perfection Fresh immediately stood down the individual accused of sexual harassment ahead of an independent investigation. Following investigation, one employee’s employment was terminated for serious and wilful misconduct. The second employee resigned before the investigation into their conduct could be completed.
“Perfection Fresh acknowledges the very serious nature of the complaints and the distress this has caused for the women involved.
“We are committed to continuing to provide a safe workplace for all employees and look forward to resolving this legal matter amicably.”
- If you or someone you know is affected by sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732. In an emergency, call 000.
- For more information on sexual harassment protections covered by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021, or to learn about your rights at work, call the Fair Work Ombudsman on 13 13 94 or visit fairwork.gov.au.
- For information on sexual harassment and referrals for individuals, organisations and employers, call the Australian Human Rights Commission National Information Service (NIS) on 1300 656 419 or 02 9284 9888.
- If you think you have been sexually harassed at work, you can make a complaint to the Australian Human Rights Commission.
- Men who are concerned about their own behaviour can contact the Men’s Referral Service on 1300 766 491.
