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The state body tasked with investigating the unexpected deaths of Victorians has been fined the maximum $380,000 penalty for failing to protect staff from a toxic workplace culture.

A magistrate said the offending – which led to the suicide of a Coroners Court of Victoria in-house lawyer – was so serious he would have given them a harsher penalty if he could.

Coroners Court staff attended the hearing in the Melbourne Magistrates’ Court.Credit: Justin McManus

The Coroners Court of Victoria was already on notice about the risk of suicide the workplace posed after a 2015 staff survey, and later numerous internal emails, revealed the extent of the bullying.

Magistrate Glenn Walsh, who was brought down from NSW to hear the case, said the lives of many employees had been “put at risk” by the failure of Court Services Victoria (CSV), which oversees the Coroners Court, to protect staff from harm.

“The gravity of the offending is significant as is the culpability and degree of responsibility,” Walsh said.

“[This has] caused deep distress.”

The court heard a senior staff member told management they feared someone would commit suicide as a result of working at the court, with complaints being made between 2016 and 2018.

Those complaints included inappropriate conduct from a range of employees, allegations of bullying, favouritism, verbal abuse, derogatory remarks, intimidation and invasion of privacy.

The court heard some complaints included allegations made against the then state coroner Sara Hinchey, but those were later dismissed.

Staff soon began taking stress leave, reporting feeling anxiety, stress, fear and humiliation.

All the warnings became tragic reality on September 7, 2018, when in-house lawyer Jessica Wilby died by suicide after being diagnosed with a work-related major depressive disorder.

A note found at the scene read: “[An acting CEO] ruined me.”

In the lead up to Wilby’s suicide, she’d been given the roles of two people and expressed concern about the impact taking leave could have on her professional reputation.

CSV pleaded guilty to failing to conduct any adequate processes to identify or assess the psychological risks to the health of employees between 2015 and 2018.

In sentencing CSV, Walsh said he was very moved by victim impact statements from Wilby’s family and former colleagues, which he described as being “powerful expressions of grief and hurt”.

He said while no words could ameliorate their pain, he noted the offending was a serious breach of workplace health and safety.

Outside court, WorkSafe executive director of health and safety Narelle Beer said there was a strong link between a workplace’s culture and the mental wellbeing of its workers.

“Everyone in an organisation has a role to play in creating a healthy and safe environment, but the development of a positive culture and appropriate risk control measures depends on leadership from the top,” Beer said.

“It is an employer’s legal duty to do everything they possibly can to support their workers to thrive in their roles and ensure they leave work each day no worse than how they arrived.”

If you or anyone you know needs support call Lifeline 131 114, or Beyond Blue 1300 224 636.

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