Channel Nine could face class action over allegations of bullying, sexual harassment and inappropriate conduct

One of Australia’s leading employment lawyers has claimed Nine could be in the firing line over allegations for being a “hostile workplace”.

Exclusive

Channel 9 could face a class action over allegations of bullying, sexual harassment and inappropriate conduct.

In the latest legal nightmare for Nine Entertainment, one of Australia’s leading employment lawyers Josh Bornstein has warned a class action might be an option for men and women who were the victims of a “hostile workplace”.

“There is a provision of the Sex Discrimination Act that is relatively recent and was introduced as a result of the Respect At Work changes,” Mr Bornstein said.

“It is a new provision that says that it’s a breach of the Act for an employer to maintain a workplace that is hostile for women.

“So in light of the report, which indicates widespread bullying, sexism, punishment, sexual harassment, and favouritism of male reporters over female reporters getting access to stories, there is at least the basis on which to start considering whether a class action could be brought.”

Mr Bornstein is the principal lawyer at Maurice Blackburn, a law firm that has obtained more than $4.3 billion in settlements for clients since the inception of the firm’s class actions practice in 1998.

Karl Stefanovic urged Nine to call out ‘perpetrators’ of bad behaviour with a confession that he believed the ‘good men’ of the broadcaster had let women down. Sarah Abo called the report gut-wrenching and devastating.

“If the report is right, it’s systemic, which means many women have been impacted, and they’ve been subjected to an environment that’s hostile to them because of their gender, and if they’ve been harmed by that, a class action could give them some form of redress,” Mr Bornstein said.

But one concern may prove to be the proliferation of nondisclosure agreements some women have signed before leaving the companies.

“One of the complications may be that a lot of the affected women may have already been required to sign up to NDAs and releases that say you won’t sue us ever again in respect of your treatment,” he said.

“I’m aware there’s lots of NDA, particularly at Nine, and lots of releases as well.

“A class action just requires a sufficiently large enough group of affected people who come together to lodge a case that says, ‘This is the sort of workplace environment we’ve been subjected to’.

Nine’s respected star Deborah Knight also demanded answers.

“They have to show that they’ve been subjected to the sorts of behaviours that are dealt with in the report and that or that adverse conduct was based on their gender, and then if they were able to show that the law had been breached, then compensation would be based on individual harm.”

Mr Bornstein said that his general view in the past was that it was better to pursue individual claims.

“But if it’s a workplace that is recidivist, systematic abuser of women like Channel Nine’s workplace is then, because of this provision, it may make it more attractive for women to band together to pursue a collective case, simply because individuals as we know face retribution in the industry in a most vicious way, unusually vicious,” he said.

“There’s a fear that if you take on commercial networks, that’s the end of your career. And often people say that to me, and I’m and I can try and reassure them. In commercial TV, I actually think the fear is much more well founded.”

Nine could face a class action over allegations of bullying, sexual harassment and inappropriate conduct.

Active investigations underway

Nine Entertainment boss Matt Stanton has revealed multiple “active investigations” are now underway over inappropriate conduct at the media company pledging people will be “held to account”.

“We currently have a number of active investigations underway into issues raised by employees, some of which are being led by an external investigator whom we have partnered with,” he confirmed in an all-staff email.

“No two cases are the same, and I’m sure you can appreciate that these investigations need to be conducted in a manner that follows a just and proper process, which can take time.

“There is no place at Nine for the abuse of power, bullying, sexual harassment or inappropriate conduct outlined in the Intersection report or for people who behave that way.

“There will be change at Nine and individuals will be held to account for behaviour of this nature.”

Nine Entertainment boss Matt Stanton has revealed multiple ‘active investigations’ are now underway.

Nine “groper” was on the loose

Last week, 2GB radio host Ray Hadley claimed “a groper” was once on the loose at Channel Nine.

Demanding that “cover-ups must end” in the wake of the damning report, the veteran broadcaster canvassed shock allegations on his top-rating program that an executive was accused of touching a female employee “on the bum”.

“That may well have happened previously,” Hadley told 2GB listeners on Friday.

“There was a groper working here at one stage. The groper is gone.”

Hadley added that “most of this stuff I should mention is in relation to Nine TV”.

Karl Stefanovic weighs in

His comments came after Today host Karl Stefanovic urged Nine to call out “perpetrators” of bad behaviour with a confession that he believed the “good men” of the broadcaster had let women down.

In the wake of the devastating personal testimonies of Nine staff who say they were bullied and sexually harassed, the TV host said he was devastated by the stories that had emerged.

“Many people are hurting,’’ he said.

Echoing the concerns of Nine stars including Knight and Dimity Clancey who raised concerns at a meeting on Thursday, Stefanovic said he understood concerns that the report didn’t “name names”.

Today show host Karl Stefanovic urged Nine to call out ‘perpetrators’ of bad behaviour with a confession that he believed the ‘good men’ of the broadcaster had let women down.

“They feel like what was the point of speaking out if perpetrators are not called out? I asked the same question yesterday and it’s my understanding several investigations are now underway and we have to be patient for the process of all that,” he said.

“It’s essential and it’s critical. I want to say it’s not about us, but there are good men who do work here at Nine who find what happened absolutely intolerable, who struggle to understand how we didn’t know more and do something, how it grieved you.

“I feel like we have all in a way, let you down. I love my work colleagues here. Women I have the honour to present with women on the floor of this great show.”

His Today co-presenter Sarah Abo also called the report gut-wrenching and devastating on-air.

Punishment Island at Nine

Traumatised Nine staff have spoken out in a bombshell report about how they wanted to die working in the TV star factory, sharing what it was like to be “groomed” and “touched on the “bum”, and frozen out and put on “Punishment Island”.

In harrowing testimony current and former Nine employees have spoken out with men and women warning there was a “boys club” and that bullying, sexual harassment and abuse of power was rife.

One anonymous complainant told the inquiry: “While we like to believe that the #MeToo movement improved working conditions for women, the Nine newsroom reeked of a man’s locker room.”

“I had regularly overheard men … boisterously joke about sexual assault … and objectify women in general … I knew it was a ‘man’s place’.”

Another staffer said there were frequent sexualised comments in the newsroom: “It would not be uncommon to be asked or to hear: ‘Who did you f*** last night?’”

“This place is run like a boys’ club, and I say that as a male,’’ a Nine employee said.

“The “cool kids” (those in charge) are woefully underqualified at best.”

The report finds that women reported experiencing all forms of inappropriate workplace behaviours at greater rates than men.

“Every day I would wake up with this knot in my stomach thinking, am I going to be screamed at, white-anted or publicly humiliated today, or is it someone else’s turn?’’ one said.

“Watching the humiliation happening to others was almost as bad as being the target, but at the same time you were grateful it wasn’t you that day.”

Need to talk to someone? Don’t go it alone. Please reach out for help.

Lifeline: 13 11 14 or lifeline.org.au

Beyond Blue: 1300 22 4636 or beyondblue.org.au

Kids Helpline: 1800 55 1800 or kidshelpline.com.au

Headspace: 1800 650 890 or headspace.org.au

13YARN: Speak to Aboriginal and Torres Strait Islander crisis supporter on 13 92 76 or visit 13yarn.org.au