bhpwomenclassaction.com.au Open in urlscan Pro
108.61.96.183  Public Scan

Form analysis
0 forms found in the DOM

Text Content

If you are a former or current female employee of BHP and believe you may have a
claim click 'Register' now and follow the prompts.

Register
Overview Register FAQs
Overview Register FAQs



BHP SEX DISCRIMINATION CLASS ACTION





Overview Background Next Steps



OVERVIEW



On 11 December 2024 a class action proceeding was commenced in the Federal Court
of Australia against BHP Group, its related subsidiaries and their contractors
and alleges that they are vicariously liable for failing to protect their former
and current female employees from experiencing sex discrimination, sexual
assault and/or sexual harassment during the course of their employment from 25
November 2003.

Our class action will address these long-standing issues and seek compensation
owed to thousands of Australian women.




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 shone a light on a plethora of inappropriate
behaviours against females.

The stories heard during the Inquiry match the various sorts of behaviours
commonly described as sexual assault or sexual harassment. Some of the evidence
provided to the committee shared harrowing stories of women in the industry:

'I have been asked how many men I’ve slept with, do I shave, have I ever slept
with another women and if so how many?'

'Sleeping in my donger, woken by a workman opening my door to do
‘cleaning/repairs’. Very common for everyone on site but far from appropriate
and is predatory'

'When I was on site, I often received comments like ‘what is your room number’,
I would receive text messages from married men on my crew asking me to go to
their room and give them a massage, I would get men knocking on my door in the
middle of the night, and hear stories that men will take your underwear from the
washing machine'

BHP’s submission to the Inquiry acknowledged a steady increase into the
reporting rate of alleged sexual harassment and substantiated over 73 reports of
sexual harassment in their operational sites and camps.




NEXT STEPS



In order to register your interest to participate we require:

i.            Your full name;

ii.           Your best contact number;

iii.          Email address; and

iv.          Postal address.

We also ask that you inform us of your current or former employment details such
as whether you were full-time, part-time, a contractor or sub-contractor, the
entity who employed you and the dates of your employment.

A member of our team will contact you over the phone, at a time convenient for
you to discuss the details of your potential claim, as soon as possible.








REGISTER YOUR INTEREST

If you are a current or former female employee of BHP Group or any of its
related subsidiaries and believe you have experienced sex discrimination, sexual
assault and/or sexual harassment by another BHP employee or contractor during
the course of your employment please register with us to participate now.


Register
Learn more






FREQUENTLY ASKED QUESTIONS

WHAT IS THE BHP SEX DISCRIMINATION CLASS ACTION ABOUT?



This class action has been filed in the Federal Court of Australia Victorian
Registry against BHP Group, on behalf of all current and former female
employees, who experienced sexual assault and/or harassment in connection with
their employment at any time on or after 25 November 2003 to [INSERT DATE].

If you believe you have been affected by these issues, then you may be entitled
to compensation and should register your details above.

I AM NO LONGER AN EMPLOYEE OF BHP GROUP OR ANY OF ITS SUBSIDIARIES, CAN I STILL
REGISTER MY INTEREST IN THE CLASS ACTION?



Yes. We encourage all former employees who believe they have been affected by
these issues to register their interest with us. All of your information will
remain confidential and will not be shared publicly at any stage of the class
action.

WHAT IS SEX BASED DISCRIMINATION?



The definition of discrimination on the grounds of a person's sex, pregnancy or
potential pregnancy, or family responsibilities is contained within the Sex
Discrimination Act 1984 (Cth). The following examples may include:

i.     Withholding female employees promotions or training opportunities due to
pregnancy or potential pregnancy or family responsibilities

ii.    Being assigned tasks because they are 'traditionally' labelled as women's
work

iii.     Purposefully not hiring a woman in fear of disrupting or upsetting a
male dominated industry or role

iv.     Supervisors or Superintendents holding a personal preference for working
with either men or women

WHAT IS SEXUAL HARASSMENT?



The definition of sexual harassment is contained within the Sex Discrimination
Act 1984 (Cth). However, the following examples may be considered in the class
action:

i.       Unwelcome sexual advances

ii.      Unwanted repeated requests for dates

iii.     Unwelcome requests for sex or sexual favours

iv.      Unwelcome entry into a person’s accommodation, either with or without a
person present

v.       Stalking

vi.      Suggestive or explicit sexual jokes

vii.     Unwanted attention of a sexual nature such as staring or leering

viii.    Inappropriate sexual comments

ix.       Intrusive discussions about yours or another person’s private life

x.       Sexually explicit materials such as posters, magazines or screen savers
displayed, shown or sent to you

xi.       Taking inappropriate or sexually suggestive photos or videos of you
without your consent

xii.      Unnecessary familiarity, such as unwelcome touching of another
person’s body or clothes

xiii.     Unwelcome massage

xiv.     Unwanted hugging, patting, touching or rubbing/pressing oneself
sexually against another person

xv.      Pressuring, manipulating or scaring someone into performing a sexual
act

xvi.     Attempted sexual assault, abuse or rape

xvii.    Sexual assault, abuse or rape

If you are still unsure or believe you have experienced sexual harassment not
listed, please still register your details with us above. A member of our team
will contact you over the phone, at a time convenient for you to discuss the
details of your potential claim, as soon as possible.

ARE THERE ANY COSTS TO TAKE PART IN 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 of
the class action that it has funded plus a commission from the judgment or
settlement amount, pursuant to the terms of the funding agreement.

There are no costs involved for group members who wish to take part in the class
action. 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 Group Limited or any other respondents.

HOW LONG WILL THE CLASS ACTION TAKE TO RESOLVE?



Unfortunately, we are unable to provide a timeframe of how long the class action
will take to resolve. Our objective will always be to act in the best interests
of the group to ensure any resolution reached would be fair for all.

WHAT IS A CLASS ACTION?



A class action is a group proceeding comprised of seven or more people who have
been wronged by an individual or corporation. These claims generally arise out
of similar circumstances that allow the group an opportunity to be heard based
on common issues of law or fact. These proceedings are often commenced by one
lead litigant on behalf of the group.

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 Group Limited or any other respondents.





JGA SADDLER



Lawyers


View Website





OMNI BRIDGEWAY



Litigation Funder


View Website






© JGA Saddler 2024. All rights reserved.

Privacy

Liability limited by a scheme approved under Professional Standards Legislation.

JGA Saddler acknowledges this country and its traditional custodians. We pay our
respects to the Elders, those who have passed into the dreaming; those here
today; those of tomorrow.


REGISTER YOUR INTEREST





SUBSCRIBE FORM WILL GO HERE