Domestic violence rates in Australia are an epidemic with horrific levels of violence. Because of this and the fact that domestic violence is a leading cause of death, disability and illness between women aged between 15 and 44, there has been an urgency to implement new legislation to better protect women against domestic violence.
New Legislation
The Australian Government has a clear intention to establish protective domestic violence standards and strategies for employers and employees. On Friday 28 June 2013, the Fair Work Act Amendment Bill 2013 received Royal Assent meaning that it is now law. The Fair Work Act has extended protection to workers experiencing domestic violence and has included the right to request flexible working arrangement on the grounds of being a victim of domestic violence. The reason behind this is that without specific protection against discrimination, employees face considerable risks in raising the issue of domestic violence at work.
The Domestic and Family Violence Protection Act 2012 has also been amended and includes a revised definition for domestic and family violence which includes behaviour such as economic, emotional and psychological abuse, physical or sexual abuse or other behaviour which controls or dominates another person.
Domestic Violence as a Ground of Discrimination
Sex Discrimination Commissioner, Elizabeth Broderick has been focusing on ways to supplement employment mechanisms by canvassing the prospect of recognising domestic and family violence as a separate ground within Australia’s anti discrimination law framework.
Such recognition could:
• Offer victims and survivors of domestic and family violence an additional legal remedy;
• Ensure accountability; and
• Educate employers and service providers about the indicators and impacts of domestic and family violence.
Although discrimination takes many forms, research suggests that it is common for victims and survivors of domestic and family violence to:
• Be denied leave or flexible work arrangements to attend to violence-related matters, such as attending court or moving into a shelter;
• Have their employment terminated for violence related reasons; and
• Be transferred or demoted for reasons related to violence.
Employment and Domestic Violence
Too often domestic violence doesnot stay at home. In a national survey of Australian workers conducted in 2011, one in five workers experiencing domestic violence said that the violence had followed them to work, with a partner or ex-partner continuing to abuse them by turning up at their workplace or by making abusive phone calls or sending abusive emails. Many reported that their capacity to get to work was impacted due to being physically restrained, having keys hidden or phones smashed.
What Should Employers Do?
As an employer your role is to recognise domestic violence by paying attention to signs that abuse may be happening and developing policies and programs to help workers who are victims of domestic violence. You should respond to the warning signs by offering help and support to victims of violence. It is important to remember that you are not a counsellor or therapist. You should not give personal advice or counselling, but, instead you should have empathy and not be judgemental. Your role as an employer is also to refer people to the help they need by telling your employee or co-worker about supports in the workplace and in the community.
Best Practices
Every workplace can make a significant difference to the safety and wellbeing of victims of domestic violence and their coworkers by introducing domestic violence clauses into enterprise agreements. In addition, a domestic violence policy and written procedures that emphasise safety, flexibility, and options for workers who are abused is critical.
The policy should match and support standard workplace safety protocols and should balance the right of all personnel to a safe working environment with the need for a relaxed and accessible workplace.
Warning Signs
The best way to take reasonable precautions to protect workers from domestic violence in the workplace is to learn how to recognise warning signs.
Domestic violence is often not one incident but is a pattern of behaviour that becomes more serious if nothing is done. If you are able to recognise and respond to early signs of abuse, you may be able to keep it from escalating into incidents that cause serious injury or death.
A safe and supportive work environment can provide a person affected by domestic violence with a safe haven. Supporting your employee who is experiencing domestic violence provides you with the opportunity to build loyalty, trust and to improve the value your employee adds to your workplace.
