A lead sculpture installer who suffered severe facial injuries while working for Australia's renowned Sculpture by the Sea exhibition claims he was wrongfully terminated after raising safety concerns with management. Yuri Humeniuk, who has worked with the organization for over two decades, was hospitalized and required facial surgery following a workplace accident at the company's storage facility in Kingswood, a Sydney suburb, in January 2024.
Sculpture by the Sea is billed as the world's largest free outdoor sculpture exhibition, drawing approximately 450,000 visitors annually to Sydney's coastline. The prestigious art event has become a cultural landmark, but now faces scrutiny over its workplace safety practices and treatment of employees who raise concerns.
Following his injury, Humeniuk repeatedly voiced longstanding safety concerns to senior management over several months, according to documents filed with Australia's Fair Work Commission. However, in September 2024, the organization informed Humeniuk that it "would like to take a pause" in their working relationship until after that year's Bondi exhibition had concluded.
Humeniuk subsequently filed a complaint with the Fair Work Commission, alleging that he was exercising his workplace rights by raising legitimate safety concerns and was terminated in retaliation, which would constitute a violation of employment protection laws. His legal team argued that the dismissal was directly connected to his advocacy for improved safety measures following his serious workplace injury.
Lawyers representing Sculpture by the Sea countered these allegations by arguing that Humeniuk was employed on a casual basis, meaning the organization had no legal obligation to offer him work for the Bondi event. They further contended that the Fair Work Commission lacked jurisdiction to hear the case because Humeniuk had not technically been dismissed from employment.
The case took a significant turn when an initial ruling agreed with Sculpture by the Sea's position that Humeniuk had not been formally dismissed. However, in September, an appeals panel overturned that decision, determining that the "pause" in Humeniuk's employment effectively amounted to a dismissal under employment law standards.
This employment dispute has emerged during a particularly challenging financial period for Sculpture by the Sea. Just weeks before the controversy became public, the organization revealed a $200,000 funding shortfall and launched an urgent fundraising campaign to ensure the 2025 exhibition could proceed as planned. The event is now scheduled to open on October 17, after donors pledged more than $125,000 and NRMA Insurance stepped forward with a $200,000 contribution to become a major sponsor.
Founding director David Handley clarified that the Fair Work case was not responsible for the organization's financial difficulties, noting that legal representation had been provided pro bono. Despite the legal challenges, Handley emphasized the organization's commitment to resolving the situation appropriately.
Company manager Davina Corti acknowledged Humeniuk's value to the organization in email correspondence cited in the legal case. "You are important to Sculpture by the Sea and have been an integral part of our organization since its early years. Your injury has rocked all of us," she wrote. Corti also indicated that safety policies had been updated since the incident and that efforts were being made to find alternatives to the Kingswood storage site.
In his response, Humeniuk expressed frustration with the organization's safety culture. "It is unfortunate that it has taken a workplace accident to bring these issues to the forefront... I have voiced concerns verbally, for what seems like forever," he replied. In subsequent correspondence, he described parts of the organization as being plagued by "gaslighting and blame culture," while criticizing some depot site managers over the years as being "wildly unsuited, lecherous, lazy or incompetent."
Handley acknowledged that the Kingswood depot incident represented the first time a Sculpture by the Sea worker had been injured in the organization's 29-year history. He also admitted to a significant oversight in reporting procedures, revealing that while the organization's landlord and insurer were immediately notified of the injury, it took more than two months to inform SafeWork NSW, the state's workplace safety regulator.
"This was a mistake. I was not aware of the need to report such injuries, and as soon as I became aware, we reported it," Handley stated. He added that staff had repeatedly offered to meet with Humeniuk to address his concerns, but claimed the installer had not responded to these overtures.
SafeWork NSW has since investigated the incident and issued two improvement notices, which the organization has reportedly complied with, according to a spokesperson. The case highlights broader questions about workplace safety practices in the arts and cultural sector, particularly for temporary and casual workers involved in large-scale public exhibitions.
