Recent developments have emerged indicating that BHP and Rio Tinto have employed confidentiality agreements to suppress female employees from discussing instances of sexual harassment in their workplaces.
This claim was made by a lawyer representing class action lawsuits against both mining companies in Australia.
Class Action Lawsuits Against Major Mining Companies
The law firm JGA Saddler, based in Brisbane, has launched class actions targeting BHP and Rio Tinto over what it describes as a culture of widespread and systemic sexual harassment and discrimination occurring at their mine sites in Australia.
These legal battles could further tarnish the already fragile reputations of these mining giants, both of which are striving to improve how they’re perceived publicly.
A government review in Western Australia, conducted in 2022, revealed that women working at remote mining locations frequently encountered sexual harassment and assault.
Furthermore, this sector has faced vigorous criticism over its destruction of Aboriginal heritage sites, along with fatalities and environmental disasters linked to its operations.
Concerns Over Non-Disclosure Agreements
Josh Aylward, the lead litigator at JGA Saddler, shared that his firm has been in contact with hundreds of women and discovered extensive use of non-disclosure agreements (NDAs) within the industry.
Alarmingly, some women reported feeling discouraged from joining the class actions due to the chilling effect these agreements have.
While BHP and Rio Tinto claim they do not currently enforce NDAs regarding allegations of sexual harassment, Aylward maintains that these companies have coerced vulnerable employees into signing such agreements, driven by fear of losing their jobs or being blacklisted within the industry.
He characterized these practices as commonplace, pointing out that other sectors are moving away from NDAs, recognizing the necessity for accountability and transparency in sharing personal experiences.
Allegations and Legal Proceedings
In an official response to Reuters, Rio Tinto stated it would not enforce any historical confidentiality clauses that would prevent employees from discussing their experiences.
A representative for BHP referenced the company’s annual report, asserting that as of March 2019, they have ceased using NDAs for sexual harassment claims and have stopped enforcing older agreements.
Both companies express a genuine dedication to confronting and eliminating sexual harassment within their ranks and the industry at large.
Angela Green, who worked on BHP’s explosives team from 2018 to 2024, has expressed her intention to take part in the class action.
She alleges that after she reported sexual harassment, she was unjustly terminated for purportedly falsifying a logbook—an allegation she firmly denies.
Green claims BHP offered her compensation but only if she signed an agreement that included a confidentiality clause.
She recounted that BHP’s state office suggested that signing this document would change her record, reflecting that she had resigned rather than been terminated.
While detailed court documents remain under wraps, JGA Saddler has revealed that the lead plaintiff in BHP’s case has alleged severe misconduct, including being urinated on by a male co-worker and suffering harassment via two-way radios.
Likewise, the lead plaintiff in the Rio Tinto lawsuit accused a colleague of sending her unsolicited sexually explicit messages and videos of himself engaging in sexual acts.
Following her complaint, she reported troubling consequences, including being overlooked for professional growth opportunities.
Concerns for the safety of the plaintiffs prompted JGA Saddler to request the court to keep their identities confidential in the lawsuit filings.
The cases have been filed with the Federal Court, and a judge is expected to be appointed shortly.
A hearing is scheduled for February, during which the court is likely to mandate both companies to reach out to all female employees who have worked for them since November 2003.
In its latest annual report, BHP disclosed that it received 471 reports of sexual harassment during the 2024 financial year across its global operations.
Out of these cases, 100 resulted in investigations that led to the dismissal or removal of 103 individuals, including both employees and contractors.
Additionally, Rio Tinto acknowledged last month that incidents of rape and sexual assault continue to occur at its mines, with investigations verifying at least eight cases of actual or attempted sexual assault.
Source: Insurancejournal.com
