BHP and Rio Face Class Actions Over Systemic Harassment to Protect Image

Mumbai (Maharashtra) [India] December 12 : Brisbane-based law firm JGA Saddler has filed class action lawsuits on mining gaints BHP and Rio Tinto claiming widespread sexual harassment and discrimination at Australian mine sites. These steps come after a review conducted in Western Australia in 2022 that exposed pervasive sexual misconduct and abuse in remote mining operations, severely damaging the industry's reputation.  

NDAs Used to Suppress Harassment Complaints

Josh Aylward, the lead litigator, claims BHP and Rio Tinto routinely pressured female employees into signing non-disclosure agreements (NDAs) to silence their harassment complaints. “It’s common practice,” Aylward said, highlighting fears among workers of losing their jobs or placed on blacklist. While both companies deny current use of NDAs for harassment cases, the claims have angered people.

Miners Promise to Put an End to Silencing

Rio Tinto declared that it would not uphold previous confidentiality clauses that restrict employees from sharing personal experiences. In a similar vein, BHP cited its annual report to confirm that it no longer enforces earlier agreements and stopped using NDAs for harassment allegations in 2019. Both companies assert their commitment to addressing sexual harassment.

Startling Claims Emerge in Court Documents

The lawsuits describe disturbing claims. The lead plaintiff in the BHP case reported that she had been harassed over a two-way radio, seen a man coworker urinate on her, and seen a male coworker defecate in front of her. In the Rio case, the lead applicant claims that a coworker sent her obscene texts, videos, and pictures. Both women faced reprisals after lodging complaints, including being passed over for jobs.

Employees Speak Out Against Abuse

Former BHP explosives team member Angela Green disclosed that she was wrongfully fired for reporting harassment. She claimed BHP offered compensation with a confidentiality clause, stating, “If I signed it, they would clear my record.” Growing opposition to workplace silence reflected in her decision to join the class action.

Court Proceedings and Industry Impact

The Federal Court lawsuits seek to make the miners responsible for their decades-long misconduct. A judge has ordered both corporations to notify all female employees since 2003 and has scheduled hearings for February. With BHP reporting 471 harassment complaints in 2024 and Rio admitting ongoing rape cases, the class actions highlight the critical necessity for systemic change in the mining industry.

 By Manasa Permulla