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.
RegisterOn 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 12 November 2003.
Our class action will address these long-standing issues and seek compensation owed to thousands of Australian women.
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.
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.
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.
This class action has been filed in the Federal Court of Australia New South Wales 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 12 November 2003 to 11 March 2024.
If you believe you have been affected by these issues, then you may be entitled to compensation and should register your details above.
Yes. We encourage all former employees who believe they have been affected by these issues to register their interest with us. Any information that you provide will be handled by JGA Saddler as confidential and in accordance with the firms professional and privacy obligations, but there are limited circumstances in which it may be necessary for your information to be disclosed, for instance, to the Court or to the Respondent. JGA Saddler endeavors and continues to take steps in the class action to protect group members, their interests, identities and their confidential information.
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
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.
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.
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.
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.
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.
While it is possible that you can commence your own action and remain as a group member while you bring your own action, you cannot be compensated twice in respect of the same legal issue. Therefore, any compensation that you receive as a result of your personal legal action may affect your ability to participate in the class action, and vice versa. If you are considering pursuing an individual claim, we recommend that you seek independent legal advice as soon as possible as strict time limitation periods may apply.
At a much later stage of the class action JGA Saddler will undertake a review of the individual claims of group members, at which time we will be able to determine with precision your eligibility. In the meantime, we encourage you to register your interest to receive updates and to stay informed.
There are no consequences of registering your interest and you will not be required to pay any costs in the future as a result, even if we determine that you are not eligible in the class action.
The class action seeks to compensate women that have faced and suffered as a result of the alleged systematic sexual discrimination prevalent throughout BHP. At this stage, we are not considering a class action for men.
The class action is brought on behalf of an ‘open class’ of people, automatically including all eligible group members. If you do not wish to participate in the class action (including any resulting successful judgment or settlement) you may opt out at the appropriate time by submitting an opt out form to the Federal Court of Australia. Please note that contacting JGA Saddler or Omni Bridgeway expressing your preference to opt out is insufficient and will not result in your opt out from the class action. The opt out process has not yet begun but group members will receive a notice approved by the Federal Court of Australia regarding their rights and detailing the opt out process, at which time group members may opt out in accordance with that notice.
At this stage, we do not require any evidence or supporting material from group members. We encourage you to register your interest in the class action and should we require any further information or documents from you in the future, we will contact you.
The best way to stay informed is to register your interest for the class action which will enable JGA Saddler and Omni Bridgeway to send you updates as and when they occur. This will also enable us to contact you should it be necessary in the future.
Any information that you provide will be handled by JGA Saddler as confidential and in accordance with our professional and privacy obligations, but there are some limited circumstances in which it may be necessary for your information to be disclosed, for instance, to the Court or to the Respondent, but only if ordered to do so by the Court. In those limited circumstances, the lawyers endeavour and continue to take steps in the class action to protect group members, their interests, identities and their confidential information.
JGA Saddler will only use your personal information strictly for the purpose of the Class Action. In all other cases, we will seek your consent before disclosing any of your personal information.