Increase in violence against women: What’s an employer’s duty of care?

Making international headlines, male violence against women in Australia has become a significant talking point after dozens of murders in the past year alone. In regards to family and domestic violence, where does an employer’s duty of care lie?

Data shows that in the last year alone, there has been a 30 per cent spike in the rate of Australian women killed by their partner. Now, people across the country are calling for tougher laws to help protect at-risk women.

Rallies have taken place throughout Australia recently as the death toll for 2023 reached 64, and a slew of recent murders have shocked the public.

Patty Kinnersly, chair of violence prevention organisation Our Watch, said: “Those figures are confronting, but it’s even more confronting in the context of what’s happened in the start of this year, with 26 of the 27 women allegedly killed by a man.”

“As we know, violent murders are only the tip of the iceberg. There are tens of thousands of women living in controlling unhealthy relationships.”

With this confronting data, employers may be wondering where the duty of care extends in relation to family and domestic violence.

According to Safe Work Australia, family and domestic violence can be categorised as:

• Physical, emotional or psychological abuse
• Assault
• Sexual assault or other sexually abusive behaviour
• Stalking
• Threats
• Coercion
• Repeated derogatory taunts
• Intentionally damaging or destroying property
• Intentionally causing death or injury to an animal
• Economic abuse, such as unreasonably denying financial autonomy or unreasonably withholding the financial support needed to meet reasonable living expenses
• Controlling or dominating another family member and causing them to feel fear for their safety or wellbeing, or for the safety and wellbeing of another person
• Behaviour by a person that causes a child to hear, witness or otherwise be exposed to the effects of family violence
• Preventing a person from making or keeping connections with their family, friends or culture
• Unlawfully depriving someone of their liberty

These issues become a work health and safety problem if “the perpetrator makes threats, intimidates or carries out violence on a partner or family member at the workplace, including if working from home”.

The rise in remote working has prompted the question as to where an employer’s responsibility extends. In regards to family and domestic violence, this is especially so.

According to Safe Work, workplaces must:

• Provide and maintain a work environment that is without risk to the health and safety of workers.
• Provide adequate and accessible facilities for the welfare of workers to carry out their work.
• Give workers the necessary information, instruction, training or supervision to do their job safely and without risks to health.

Those who fall under these protections aren’t just employees but also contractors, subcontractors, outworkers, apprentices, trainees, work experience students, and volunteers.

Managing risks in the workplace

According to Safe Work, providing a safe working environment for employees involves:

• Communicating that family and domestic violence is a workplace issue and developing workplace policies and procedures to address it. The Australian Human Rights Commission provides guidance on how you can do this.
• Consulting workers about work arrangements and managing risks to health and safety.
• Consider holding one-on-one discussions to ensure their needs, experiences and individual circumstances are considered and information is treated as sensitive and confidential.
• Assuring workers of their right to confidentiality and support if they choose to disclose family and domestic violence.
• Communicating support that is available to workers, including health and safety representatives (HSRs) if you have them and employee assistance programs.
• Providing all workers with education and training to raise their awareness of family and domestic violence, its potential effects in the workplace and how to manage risks.
• Communicating the availability of entitlements such as paid/unpaid family and domestic violence leave, flexible work arrangements and other entitlements that support workers experiencing family and domestic violence.
• Providing information about counselling, legal, health, financial and other family and domestic violence support services.
• Ensuring workers supporting those who are experiencing family and domestic violence are aware of the support options available to them, including employee assistance programs.
• Providing a safe, secure and accessible reporting mechanism, including properly trained contact people within the workplace.

Remote working

In regards to working from home, the lines may become blurred. Safe Work highlighted the responsibilities of employers in this situation as:

• Maintain regular communication with workers. Avoid directly asking the worker about the violence, as this may unintentionally place the worker at risk of serious harm. It is common for perpetrators of family and domestic violence to monitor the worker’s communication, including emails, text messages and phone calls.
• Agree on a course of action if you are not able to contact the worker for a defined period.
• Appoint a contact person in the business to whom workers can talk about any concerns.
• Provide work phones and laptops to enhance autonomy and digital security.
• Provide continued access to an employee assistance program or other support programs.

If you or someone you know is affected by family or domestic violence, you can reach out to the resources below:

Lifeline: https://www.lifeline.org.au/

White Ribbon Australia: https://www.whiteribbon.org.au/