Articles
Why workplaces can't turn a blind eye to domestic violence
Domestic violence occurs in the home, but is an issue that affects the internal operations of law firms and requires a considered response from senior management, writes Kriss Will.
It is very confronting to read the statistics that “one in six Australian women has experienced violence from a current or former partner (and) one in three Australian women will experience violence in their lifetime” (see figures here).
There is no doubt that over time someone in your workplace is likely to be affected by family violence or perpetrate family violence. It is not only an issue that is gaining an increasingly high profile in the general media – it is also an issue that has an increasing impact on people and, in turn, the workplaces where these people work. According to police data, domestic assault in NSW has risen from a rate of 257 per 100,000 people in 1995 to a high of 400 incidents per 100,000 people (28,980 incidents) in 2014. Similarly, reports of family violence incidents in Victoria have been increasingly steadily since 2010-11, with an 8.8 per cent increase (up to 70,906 incidents) from 2013-14 to 2014-15 (see figures here).
The law at it stands
The law currently requires employers to consider requests for flexible working arrangements if an employee is experiencing violence from a member of their family, or if they are providing care or support to a member of their immediate family or household who requires care or support because they are experiencing violence from their family. There has been discussion about recognising the experience of domestic and family violence as a ground of discrimination; however, this is not yet the case.
The Fair Work Commission is considering the need for a safety net of support for all workers experiencing domestic violence as a common issue for all award-covered employees. The ACTU has made a submission for all award-covered employees to receive up to 10 paid days’ leave, stating that this “paid domestic violence leave is designed to assist victims of domestic violence to remain in paid employment, support them through the process of escaping violence and to promote a safe and secure environment for all employees in the workplace (see details here).”
The role of workplaces
In my view, the case for supporting and assisting those people experiencing family violence is simple. First and foremost, it is human nature to care about others in need, particularly when someone you know is being harmed. Having in place a workplace approach to provide this care and support can ensure that this natural caring response translates to effective support. Giving employees access to resources and support to assist them to take action in relation to family violence can make a real difference.
From a business productivity perspective, a person experiencing distress is unlikely to perform at their optimum level. It may be that they fear for their safety or the safety of other family members. A person may be injured in a family violence incident and this may impact on their ability to work.
From a workplace culture perspective, people want to work where people are treated fairly and supported appropriately. I consider support for those experiencing family violence as a natural extension of the support provided for employees who are dealing with personal health issues, providing care for family members or providing community service through their work with voluntary emergency organisations. All of these scenarios are supported through the provision of leave, with the minimum outlined in the Fair Work Act as part of the National Employment Standards. In discussions with staff during recent months, it is clear to me that employer support for those dealing with family violence is the support people want for themselves and their colleagues.
Linking policy development and awareness-raising
Education is important and raising awareness about issues and the support available is central to any workplace initiatives. Some firms invite speakers to present on the topic. Others provide reading material and online resources for people to access individually.
In my experience, it can be difficult to ask people to raise awareness in the workplace in relation to a topic as personally distressing as family violence. One approach I think can work well is to engage staff in a discussion about a draft policy. This can be very useful as it raises awareness in a safe forum and allows interested staff to voice their views and concerns in a policy formulation discussion. With a draft policy, a firm can invite interested staff to a meeting to discuss the policy and talk about improvements, queries and/or the level of support for the firm’s proposed initiatives.
Getting a draft policy under way
When drafting a policy, I suggest the following areas be considered.
- An overarching policy statement (setting out the intent of the policy)
- Discussion about who is covered by the policy (including any differences for permanent and casual staff)
- A summary of the policy offerings, including:
(i) Any additional paid leave (many organisations are offering five days’ paid leave for permanent staff per year, and this leave does not accumulate)
(ii) Unpaid leave (this may be offered to casual staff, in addition to paid leave and/or to alleged perpetrators)
(iii) Access to counselling and legal support (this may link the firm’s employee assistance program to the local law society/institute counselling services and/or to local legal support services via pro-bono, paid or community legal centres)
(iv) Access to other leave and flexible working arrangement policies (this includes the legal right to request a flexible working arrangement as outlined above, as well as access to other paid and unpaid leave benefits such as annual leave)
(v) Assistance the firm will provide to develop a safe workplace plan for an individual where there is a concern about her/him being contacted by the perpetrator at work (this may include screening calls, assistance with any police orders for the perpetrator to not make contact, and providing a work space that cannot be easily accessed)
(vi) What support will be provided to alleged perpetrators (given the statistics, it is clear there will be perpetrators in workplaces, and some organisations acknowledge this in their policy by providing for leave, often unpaid, for the purpose of assisting these people).
Examples of key clauses to help you get started …
Family Violence Support Leave
Family Violence Support leave provides permanent employees who are experiencing family violence with up to ten (10) days’ paid leave per calendar year for the purposes of:
- seeking medical and legal assistance;
- attending court appearances;
- counselling;
- participating in family mediation
- relocation; or
- making other safety arrangements.
Family Violence Support leave provides permanent employees who are alleged perpetrators of family violence with up to ten (10) days’ unpaid leave per calendar year for the purposes of:
- seeking medical and legal assistance;
- attending court appearances;
- participating in family mediation; or
- counselling.
Family Violence Support Leave is non-cumulative.
Casual employees are entitled to up to ten (10) days’ unpaid leave per calendar year for the purposes listed above.
Workplace safety planning
In situations where additional security measures need to be taken to protect an employee in the workplace, People & Performance will develop a workplace family violence safety plan and will endeavour to implement it quickly and confidentially.
A workplace domestic violence safety plan may include:
- ensuring mobile phones have emergency and contact numbers;
- screening incoming calls to the employee;
- changing working hours so there is not as regular a working hours pattern;
- changing work phone numbers and email addresses;
- ensuring the employee works in a security restricted area/location;
- screening visitors who wish to speak with the affected employee.
In situations where other people or organisations need to be notified (e.g. building security) permission will first be gained from the affected employee. Such discussions will be held in a sensitive and confidential manner.
Additional resources
There are many resources available to assist employers and managers in putting a policy together and I recommend the following as good starting points:
- Domestic Violence Workplace Policy – Staff Guideline, Office for the Status of Women, South Australia
- Employment Law – Overarching Issues and a National Approach (Australian Law Reform Commission)
- Gendered Violence Work: The Case for Action (University of New South Wales)
https://www.arts.unsw.edu.au/media/FASSFile/Gendered_Violence_Work__The_Case_for_Action.pdf
I hope this information assists firms, managers and employees in their thinking about good practice in addressing the impacts of family violence in the workplace and providing support to affected employees.
Kriss Will is a law firm management consultant and the founder of Kriss Will Consulting. She can be contacted at kriss@kwillconsult.com.au.