BHP Sexual Discrimination Class Action
Omni Bridgeway is funding a class action against BHP on behalf of female employees who have experienced sex-based discrimination, sexual assault and/or harassment within BHP’s workplaces. JGA Saddler Lawyers are the lawyers on the record for the Class Action.
The Class Action alleges that BHP, its related subsidiaries and contractors failed to protect their female employees and are vicariously liable for their inability to deter sex discrimination, assault and harassment by other BHP employees or contractors during the course of their employment.
Background
BHP is a publicly listed corporation operating in Australia primarily focused on mining and metals. They currently employ over 24,000 people and in 2022 reported that 32% of their workforce were female.
In 2021, the Western Australia government conducted an inquiry into the fly-in, fly-out (FIFO) industry and uncovered “horrifying” cases of sexual harassment against women and accused mining companies of “corporate failure”.
The ‘Enough is Enough’ report highlighted the failings of many mining companies, including BHP’s, inability to protect victims from predatory behaviour and uncovered what females in the industry had experienced but remained silent on for years.
Libby Mettan, the committee’s chair, said “I was shocked and appalled well beyond expectation by the size and the depth of the problem”. “The threats or loss of their livelihood that resulted was shattering, and it’s completely inexcusable.” Ms Mettan also described the situation as an “abhorrent and systematic pattern of workplace behaviour”.
If you would like to know more or are interested in registering your interest to the class action, follow the prompts below to register your interest with Omni Bridgeway.
Am I eligible to join this Class Action?
If you were an employee, contractor, sub-contractor or any other agent working at a BHP site or their related subsidiaries from 25 November 2003 to 27 November 2023 and believe you have experienced sex-based discrimination, sexual assault and/or sexual harassment during the course of your employment by another BHP employee, contractor, or subcontractor, you can register your interest with Omni Bridgeway below.
What is considered discrimination, sexual assault or sexual harassment in this class action?
The definition of sexual harassment is contained within sections 28A, 28AA and/or 28B of the Sex Discrimination Act 1984 (Cth). The following conduct will be considered in the class action:
Inappropriate verbal or non-verbal sexual communication, including:
- unwelcome sexual advances
- unwelcome request for sexual favours
- unwelcome entry into a your accommodation, either with or without you present;
- stalking;
- sexual jokes;
- unwanted attention of a sexual nature such as staring or leering;
- inappropriate sexual comments;
- inappropriate discussions about yours or another person’s sex life;
- having sexually explicit materials displayed, showed or sent to you;
- taking and/or posting inappropriate or sexually suggestive photos or videos of you without your consent; or
- pressure from the same person for dates or sexual relationships.
Physical contact or sexual relations, including:
- touching your clothes, hair or body;
- unwelcome massage;
- unwelcome hugging, kissing, patting, touching or rubbing/pressing oneself sexually against you;
- pressuring, manipulating or scaring you into performing a sexual act;
- attempted sexual assault, abuse or rape; or
- sexual assault, abuse or rape.
If you are still unsure or believe you have experienced non-physical or physical harassment not listed, please still register your details with us below. A member of the team will contact you at a time convenient for you to discuss the details of your potential claim, as soon as possible.
How much will it cost to be a part of the Class Action?
The class action is being funded by Omni Bridgeway on a “
no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.
There are no costs involved for group members who wish to take part in the class action.
Will there be any cost to me if the class action is unsuccessful?
No. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to BHP or any other respondents.
How do I register my interest?
You can register your interest to receive information and be updated on key developments as the class action progresses. Registration is free and without obligation. Merely registering via this website does not bind you to any contract or commitment.
To register your interest, you can do so by clicking on the “Register your Interest” button below.
If you have any queries, you can contact the Omni Bridgeway Client Liaison Team by email on
[email protected] or free call
1800 016 464.