Fire Rescue Victoria to pay legal fees for sexual harassment victim

Fire Rescue Victoria must pay the legal costs of a sexual harassment victim after it lost an appeal against a VCAT hearing, which detailed decades of incidents over her 20-year career.

Fire Rescue Victoria will have to pay the legal costs of a sexual harassment victim after losing a bid in the Supreme Court to block large parts of her evidence. Picture: David Crosling

Fire Rescue Victoria will have to pay the legal costs of a sexual harassment victim after losing a bid in the Supreme Court to block large parts of her evidence.

The Supreme Court has ordered Fire Rescue Victoria pay costs to Commander Donna Wheatley after it lost an appeal against a VCAT hearing which detailed decades of serious sexual harassment over her 20-year career.

Ms Wheatley, who was one of the first women to reach the senior rank of commander in FRV, claimed she had her breasts and bottom groped, was told harassment was “just how it will be” and had a senior officer expose his genitals to her.

Fire Rescue Victoria argued it should not have to defend the claims because they took place before 2015, and because some firefighters refused to give evidence, but on Friday the court ordered it to pay Ms Wheatley’s legal costs over its failed appeal.

Maurice Blackburn Principal Josh Bornstein said FRV had used taxpayer funds to try to block the airing of Ms Wheatley’s full complaint.

Ms Wheatley alleged she became a target for sexual harassment when she first joined what was then known as the Metropolitan Fire Brigade in 1998. Picture: Sam Wilson

“It’s been a long and difficult process that has already taken two years. FRV uses taxpayer funds to try and block these sorts of cases. FRV is the most hostile organisation for women employees that I have come across in my career,” Mr Bornstein said.

“FRV has now unsuccessfully tried twice to strike out parts of her claim of very serious sexual harassment that dates back some 20 years. The Supreme Court judgement allowing the complaint to proceed in full is a huge win for Donna and it’s a huge win for all woman who have suffered historical sexual harassment at work.”

Ms Wheatley said she was now looking forward to VCAT hearing her case.

“It certainly been hard pursuing this case. I expected it to be a long haul, but it’s been much longer than I ever imagined. Two years and hundreds of thousands of dollars that has gone into the legal process that have just been deflections and delays by FRV. I look forward to the progression of my case as soon as possible,” Ms Wheatley said.

Ms Wheatley alleged she became a target for sexual harassment when she first joined what was then known as the Metropolitan Fire Brigade in 1998. She was employed on a series of short-term contracts until 2003, when she was recruited as a firefighter.

She alleged the conduct — including sexist and misogynistic behaviours — continued throughout her employment with the fire service, now known as Fire Rescue Victoria, as she climbed the ranks to becoming an Operational Commander.

Ms Wheatley stopped working for FRV in June 2021 and three months later she lodged an application with the Victorian Civil and Administrative Tribunal (VCAT) alleging sustained sexual harassment at work.