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Employers’ potential liability for family and domestic violence: An Australian overview

Published online by Cambridge University Press:  01 January 2023

Rob Guthrie  and
Angela Babic Open the ORCID record for Angela Babic [Opens in a new window]
Rob Guthrie*
Affiliation:
Curtin University, Australia
Angela Babic
Affiliation:
Curtin University, Australia
*
Rob Guthrie, John Curtin Institute of Public Policy, Curtin University, Hayman Road, Bentley, Perth, WA 6845 Australia. Email: rob.guthrie@gsb.curtin.edu.au
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Abstract

This article considers a range of legal issues that arise when family and domestic violence impacts upon the workplace. It examines the available data on the costs of family and domestic violence to employers and the community. It discusses the potential for employers to be affected by Australian State and Territory criminal and related laws that are intended to protect a person from family and domestic violence. Recent cases of discrimination arising from family and domestic violence are considered with some speculations as to other possible forms of liability for employers concerning work health and safety and workers compensation laws. The Australian Fair Work Commission’s determination of unpaid family domestic violence leave is also examined, as is the adoption of paid leave by some State and Territory governments and larger Australian employers. The article concludes with some reflections and speculations on how current laws may affect employers and what actions can be taken by employers to adopt supportive measures to protect employees.

Keywords

K32J28L53Employment conditionsfamily and domestic violence leavehuman rightsoccupational healthpaid leaveworkplace leave law
Type
Original Articles
Information
The Economic and Labour Relations Review , Volume 32 , Issue 4 , December 2021 , pp. 513 - 533
Copyright
Copyright © The Author(s) 2021

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