Responding to Family and Domestic Violence in the Workplace

Something is not quite right with one of your employees – and you just know it.  They are becoming more withdrawn, disconnected from their colleagues, and you’ve unfortunately also noticed some physical signs of violence, such as bruises. 

This scenario can be your worst nightmare as a manager or leader.  You know that one of your employees in danger, you suspect family and domestic violence (FDV) – but you have no idea whereabouts to start in terms of getting the employee access to the help they need.  You don’t want to make matters worse for them, so as a leader or manager, it can be a challenge to work out exactly the best way to respond.    

We have prepared this article as a practical resource for managers and leaders to refer to when responding to FDV.  We have also included some key steps employers should consider, when it comes to ensuring your workplace is operating in compliance with the workplace laws that apply to FDV. 

What is the impact of FDV in Australia?

1 in 5 Australians have experienced family and domestic violence (FDV) since age 15.  Tragically, over 60 women were killed across the country in 2023.  This number is likely higher, as it is recognised that many instances of FDV, including death as a direct result of FDV go unreported.  It is important to recognise that FDV can impact anyone, regardless of gender.  However, the statistics demonstrate that women are disproportionately more likely to be victims of FDV, with men more regularly the perpetrators of FDV.

What is Family and Domestic Violence?

Family and Domestic Violence, previously known more commonly as Domestic Violence, is a pattern of behaviour that involves coercion, control, or fear in an intimate or family relationship.  It is not always straightforward and can show up in different ways such as physical, emotional, psychological, sexual, financial and spiritual abuse. 

The Fair Work Act 2009 (Cth) – Section 106B includes a definition of family and domestic violence to mean “violent, threatening or other abuse behaviour by a close relative of a person, a member of a person’s household, or a current or former intimate partner of a person, that:

a)      seeks to coerce or control the person; and

b)      causes the person harm or to be fearful.”

The fact that FDV is defined in the Fair Work Act, is an important recognition of the role that workplaces can play in preventing FDV and the harmful impact it has on the victim, families, and our society more broadly. 

What role do employers play in FDV?

FDV is a national crisis and workplaces have an active role to play in supporting employees experiencing FDV.  By workplaces playing a more active role and leaders feeling more confident in supporting employees experiencing FDV, this makes it possible to make the much needed deep societal and cultural change in shifting perceptions people have about FDV.  All with the ultimate goal of preventing FDV and all forms of violence and abuse. 

What are the changes to workplace laws that apply to FDV?

The Government continues a coordinated response to eliminate FDV through the most recent Fair Work Legislation Amendment (Closing Loopholes) Act 2023.  From 15 December 2023 there are new discrimination protections that make it unlawful for an employer to take adverse action against an employee experiencing FDV.  This means that an employer is prohibited from taking adverse action against an employee (ie: dismissal) for the reason that they are experiencing FDV. 

These new adverse action protections for employees experiencing FDV build on the reforms to the National Employment Standards (NES) last year, to provide employees with more access to support, increasing the NES entitlement from 5 paid days, to 10 paid days FDV leave.  The policy objective of these reforms, is to reduce the stigma associated with FDV, raising awareness with the goal of eliminating all forms of violence and abuse.

Things employers should consider in response to FDV

The workplace relations framework that underpins the support employers must provide employees experiencing FDV has changed substantially over the past few years.  For employers, it would be beneficial to consider these changes and whether your current arrangements are fit-for-purpose and compliant. 

Some key things for employers to consider include:

• Reviewing existing HR policies, contracts and enterprise agreements to ensure that your industrial framework is compliant and promotes the destigmatisation of FDV.

• Educating leaders on the appropriate handling of FDV matters, it should not just be a matter for HR, as all leaders require the skills to support employees experiencing FDV.   

• Consequences for non-compliance, for example the employer having to defend an adverse action claim and/or reputational damage associated with such a claim.

• Raising awareness in your organisation of the impacts of FDV and resources such as 1800RESPECT the national sexual assault, domestic and family violence counselling service that is available 24/7 for employees who require support.

More information and Resources

Do you need help supporting your response to Family and Domestic Violence in the workplace? 

Here are some key resources:

• 1800RESPECT includes a resource that lists the range of services available such as financial, legal, housing and health services, based on the state or territory that applies: https://1800respect.org.au/services.

• The Family Violence Law Help website is a resource that helps explain how the law applies to FDV in Australia: https://familyviolencelaw.gov.au/.

• The Fair Work Ombudsman has developed a Guide: Small Business Employer Guide to Family and Domestic Violence that includes a number of practical tools, including guidance on creating Family and Domestic Violence Policy for your business.

• The Australian Institute of Health and Welfare has a dedicated website portal that includes useful statistics, information and resources to help educate on the impacts of FDV: https://www.aihw.gov.au/family-domestic-and-sexual-violence/understanding-fdsv/key-findings

• Contact us at hello@humanifyhr.com.au for more tailored HR guidance, training and support.

• Please remember that if the employee is in immediate danger, the response should always be to call OOO. 

Disclaimer: The material contained in this article is provided as general information only.  It is not, nor is intended to be legal advice.  If you wish to take any action based on the content of this article, we recommend that you seek professional advice that considers your specific context, needs and requirements.