Domestic Violence is a business issue

There is increasing recognition that what affects employees affects employers and Domestic Violence is unfortunately one of those things that affect some employees.  As a result, many businesses now have policies around this to support employees.   Understandably, this has an impact on productivity.  However, the more support you can provide, the less impact there is to productivity so certainly an issue to support for many reasons.    In fact, according to Access Economics, the estimated cost of domestic violence to business is $456 million a year, with a further $609 million per year in productivity losses, due to lower revenue, increased costs, staff turnover and reduced access to human capital.

Help for those suffering as a result of domestic violence is now written into legislation by providing flexibility in the workplace.  Aside from the impact on productivity, there has been a recent case [Ms Leyla Moghimi v Eliana Construction and Developing Group Pty Ltd] which also demonstrates how domestic violence is a business issue.

Leyla worked as an architectural draftsperson for a firm, Eliana Construction and Developing Group.  Leyla’s partner also worked for the same firm although they didn’t have to directly interact with each other at work.

Leyla became a victim of domestic violence at the hands of her partner one evening and attended court the next day.  She was given an Intervention Order against her partner, preventing him from approaching or coming within 3 metres of her.

A few days later, Leyla returned to work and advised her employer of what happened and the Intervention Order in place.    The Employer advised her that they couldn’t implement such restrictions and suggested she mend her relationship with her partner for a harmonious workplace.  It was also later suggested to her that it would be easier for her to find a job if she resigned, which she did.

Leyla filed for an unfair dismissal in which it was argued by the Employer that she did resign however if she was dismissed, it was because she didn’t tell her employer that she would be absent from work (following the domestic violence).

The Commissioner found that Leyla was unfairly dismissed and that the termination was harsh, unjust and unreasonable and she was awarded the maximum compensation of 26 weeks’ salary.

Whilst the Commissioner acknowledge the limits an employer has to go to accommodate the private lives of employees and that the impact on the business should be considered when seeking to accommodate reasonable needs of employees, however Eliana Construction had not taken any steps to investigate any available options that would enable Layla to remain at work.