Aggression and Violence in the 'Too- Hard-Basket' - Lessons from Marist Youth Care v SafeWork NSW

The landmark case of SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74 has sent a strong message about workplace safety, particularly concerning violence and harassment.

This case emphasises the critical responsibilities employers have under WHS laws to mitigate risks and protect their workers. Below, we unpack the case details, its implications, and actionable takeaways for employers.

What Happened?

Marist Youth Care Limited, a residential care provider, was fined $300,000 (plus legal costs etc.) for failing to manage workplace violence risks, including inappropriate sexual behaviors by residents.

Despite having reporting mechanisms, the organisation's poor training and lack of management action left staff exposed to harm.

The clients were troubled youth and the staff were mainly casual workers.

Over a nine month period in 2019, incidents of assault occurred, leaving female staff members with severe psychological injuries, including PTSD and anxiety. The court criticised the lack of adequate response from Marist's leaders whose actions were deemed seriously inadequate.

Key Insights

1. Employer Obligations Under WHS Laws: Employers must ensure the health and safety of workers, including addressing risks of violence and harassment. The conviction against Marist Youth Care underscores the necessity of proactive, preventative measures in identifying and managing workplace hazards.

   
   

2. Violence as a WHS Hazard: This case highlights that workplace violence, including harassment, is a critical safety risk. This requires businesses to take systematic and strategic actions to mitigate these risks.

   
   

Practical Takeaways for Employers

1. Consult and Communicate: Engage workers in identifying risks and developing policies to prevent violence and harassment. Regular communication ensures workers understand your company's procedures and feel supported in reporting incidents.

2. Assess and Mitigate Risks: Regularly review the work environments, tasks and roles to identify potential risk factors such as remote work, isolated settings, or after-hours shifts.

3. Training and Oversight: Provide training for employees and management on recognising, reporting, and responding to workplace violence. Clear oversight ensures that your systsmes are functioning effectively.

4. Strengthen Reporting Mechanisms: Remove barriers to reporting incidents by offering both formal and informal reporting options.

   
   

Building Safer Workplaces

The Marist Youth Care case serves as a cautionary tale for organisations across all industries.

Employers must view workplace violence and harassment as integral to WHS risk management. Proactive measures not only help you comply with legal obligations but also create a safer, more supportive environment for workers.

By adopting robust policies, training programs, and clear reporting structures, employers can reduce risks, enhance workplace safety, and avoid significant legal and financial consequences.

For additional insights and advice on strengthening workplace safety policies, contact Vitalshield Health and Safety.

We specialise in helping organisations implement effective WHS strategies that protect employees and foster safe work environments.