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

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.