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Melbourne Magistrates Court: Court Services Victoria receives large fine after employees death linked to toxic workplace

A Victorian legal body will pay almost $400,000 after it failed to intervene in a toxic workplace which led to multiple staff taking leave and the tragic death of a star employee.

Jessica Wilby, 45 was the Principal In House Solicitor at the Coroner’s Court before she took her own life in 2018.
Jessica Wilby, 45 was the Principal In House Solicitor at the Coroner’s Court before she took her own life in 2018.

A Victorian legal body will pay almost $400,000 after it failed to intervene in a toxic workplace which led to multiple staff taking leave and the tragic death of a star employee.

Court Services Victoria (CSV) was convicted and fined over $379,000 during sentencing in the Melbourne Magistrates’ Court on Thursday morning.

Last month, the independent body which administers the state’s court system pleaded guilty to failing to provide and maintain a safe workplace following the death of senior lawyer, Jessica Wilby.

Court Services Victoria pleaded guilty to failing to provide and maintain a safe workplace between 2015 and 2018 at the Coroners Court after repeat warning of the toxic work environment.
Court Services Victoria pleaded guilty to failing to provide and maintain a safe workplace between 2015 and 2018 at the Coroners Court after repeat warning of the toxic work environment.

The 45-year-old was the Principal In House Solicitor at the Coroner’s Court before she took her own life in September 2018.

The court heard that from at least December 2015 to September 2018, workers at the Coroners Court were at risk from exposure to traumatic materials, role conflict, high workloads and work demands, poor workplace relationships and inappropriate workplace behaviours.

NSW Magistrate Glenn Walsh — who presided over the matter to avoid a conflict — said the offending by CSV constituted a “serious breach” of the service’s occupational health and safety requirements.

The court previously heard a senior staff member had warned management in January 2018 they had “grave concerns” that an employee could die by suicide as a result of the work environment.

In the months after, Ms Wilby was seen on multiple occasions in emotional distress as she could no longer perform two roles before she took leave in May.

During this time she was diagnosed with a work-related major depressive disorder.

She would never return to the office.

In the three years prior, workers made numerous complaints about the toxic environment which included allegations of bullying, favouritism and cronyism, verbal abuse, derogatory comments, intimidation, invasions of privacy and perceived threats to future progression.

Several employees took leave after reporting feelings of anxiety, PTSD, stress, fear and humiliation.

CSV admitted it failed to conduct any adequate process to identify risks, and any adequate risk assessment of the risks to psychological health of employees at the Coroners Court.

The court heard CSV swiftly acted following Ms Wilby’s death which included having psychologists “on the ground” three days a week, undertaking wellbeing audits and hosting workshops about communication and trauma.

Magistrate Walsh previously heard that while the environment had improved at the Coroner’s Court many people were and continue to be impacted by the events during the charge period.

CSV was also ordered to pay WorkSafe’s legal costs of $13,863.

Help is at hand

Key national 24/7 crisis support services include:

• Lifeline 13 11 14; lifeline.org.au

• Suicide Call Back Service; 1300 659 467; suicidecall backservice.org.au

• MensLine Australia 1300 789 978; mensline. org.au

• beyondblue 1300 224 636; beyondblue.org.au

• conversationsmatter. com.au

Key national youth support services include:

• Kids Helpline 1800 55 1800; kidshelp.com.au

• headspace 1800 650 890 www.headspace.org.au

• The “Can We talk” campaign also is working with Mindframe; mindframe-media.info

Original URL: https://www.heraldsun.com.au/leader/melbourne-city/melbourne-magistrates-court-court-services-victoria-receives-large-fine-after-employees-death-linked-to-toxic-workplace/news-story/d063bdba2415c4c9beffa767c021dab2