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

Author

Listed:
  • Rob Guthrie
  • Angela Babic

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. JEL Codes: K32, J28, L53

Suggested Citation

  • Rob Guthrie & Angela Babic, 2021. "Employers’ potential liability for family and domestic violence: An Australian overview," The Economic and Labour Relations Review, , vol. 32(4), pages 513-533, December.
    • Handle: RePEc:sae:ecolab:v:32:y:2021:i:4:p:513-533
    DOI: 10.1177/10353046211024332
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    References listed on IDEAS

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    1. Caroline Bradbury‐Jones & Louise Isham, 2020. "The pandemic paradox: The consequences of COVID‐19 on domestic violence," Journal of Clinical Nursing, John Wiley & Sons, vol. 29(13-14), pages 2047-2049, July.
    2. Alice Jonge, 2018. "Corporate Social Responsibility Through a Feminist Lens: Domestic Violence and the Workplace in the 21st Century," Journal of Business Ethics, Springer, vol. 148(3), pages 471-487, March.
    3. Gemma Wibberley & Tony Bennett & Carol Jones & Alison Hollinrake, 2018. "The role of trade unions in supporting victims of domestic violence in the workplace," Industrial Relations Journal, Wiley Blackwell, vol. 49(1), pages 69-85, January.
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    Keywords

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    JEL classification:

    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • J28 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Safety; Job Satisfaction; Related Public Policy
    • L53 - Industrial Organization - - Regulation and Industrial Policy - - - Enterprise Policy

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