Domestic and Family Violence - A workplace issue

2/3 women experiencing DFV are employed* Financial independence and security at work are important steps for victims in addressing the violence, hence the importance of understanding the impact of DFV in the workplace. 2/3 women experiencing DFV are employed* *McFerran, L.(2011) Safe at Home Safe at Work Survey

DFV in the workplace: Direct impact on ability to work effectively Coworkers commented on the impact of DFV including: Direct impact on ability to work effectively Reduced work performance Absenteeism Disruptions at work Harassment and abuse at work Ignorance can lead to discrimination and alienation of the person experiencing the violence *McFerran, L.(2011) Safe at Home Safe at Work Survey

Impacts of DFV on work colleagues Filling in for unproductive or absent workers Feeling resentful – gossip/rumours when cause isn’t known or victim blaming occurs Trying to protect victim from unwanted contact at work Feeling helpless and unsure what to do Vicarious negative impact on mental health (fears/anxiety) Identification of perpetrators in the workplace

Impact of DFV on employer Issues for both victims and perpetrators of DFV Reduced productivity, performance and morale Time and resources for staff turnover Dismissal for poor performance (risks of UFD/AA/Discrim) Perpetrator in the same workplace as victim Moral and ethical responsibilities Workplace Health and Safety responsibilities Workers Compensation and PI claims

Why provide support?- A duty of care .. Awareness of legislation, employment entitlements and work safety obligations are part of corporate responsibility Reduces risks of violence at work Improves staff health, safety and wellbeing Reduces liability by ensuring that a domestic violence response is part of the overall workplace health and safety plan Takes stand against domestic violence and connects people to support. Helps reduce costs of turnover and lost productivity

Why provide support… Work is important for people to be able to maintain financial independence and escape violence. Supporting workers to remain in their employment also builds loyalty and trust. Workplaces that appropriately manage employees who are perpetrators of DFV will reduce the risk of vicarious liability and reputational damage – particularly if these employees are perpetrating violence on work premises, using work resources or during paid work time.

Workplace Protections: The union movement has achieved access to paid domestic and family violence leave for over 2 million workers Right to Request – A flexible work arrangement Discrimination on basis of gender/family responsibilities Workplace Health and Safety Obligations

Requests for flexible working arrangements Protections at work The Fair Work Act now includes a protection through the 10 National Employment Standards (NES) for employees experiencing DFV (12 months for eligibility) ( SECT 65, Division 4) Requests for flexible working arrangements Provides employees the right to request changes in regard to hours, patterns and locations of work. If: (1A): (e) the employee is experiencing violence from a member of the employees family: (f) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the members family.

7 Key Principles - Paid Domestic and Family Violence Leave Best Practice Clause   Dedicated additional paid leave for employees experiencing family or domestic violence; Confidentiality of employee details must be assured and respected; Workplace safety planning strategies to ensure protection of employees should be developed and clearly understood by the parties concerned; The agreement should provide for referral of employees to appropriate domestic violence support services; Provision of appropriate training and paid time off work for agreed roles for nominated contact persons (including union delegates and health and safety representatives if necessary); Employees entitled to family and domestic violence leave should also be able to access flexible work arrangements where appropriate; and Employees must be protected against adverse action or discrimination on the basis of their disclosure of, experience of, or perceived experience of, family and domestic violence. Note: The State and National standard the union movement is seeking is a minimum of 10 days paid leave as a universal right for workers. Please note through bargaining we are seeking access to 20 days paid leave.

A workplace policy can be a strong statement responding to DFV perpetration Zero tolerance and codes of conduct. We will strictly manage any workplace impact for an employee who is perpetrating domestic violence: poor attendance, performance and misuse of workplace time and resources . We will enforce any safety measures required to protect our staff and members of the public. This organisation will treat any allegation, disclosure or conviction on a case by case basis with the aim of reducing risk and supporting change.

When you have a DFVL policy it allows the organization to Recognise the impacts of DFV at work Performance Attendance Physical/health Psychological/mental health Disclosure or part disclosure Other signs as previous

Respond - a workplace response An effective workplace response is to send clear messages - at an organisational level to all workers that in circumstances of DFV their job is safe and they will be confidentially supported by informed managers or contact officers who are resourced to know how to have appropriate conversations and make relevant referrals. Take immediate steps to identify any safety concerns or needs and adjustments made in response to these. Uphold legal or industrial obligations and through flexibility with work arrangements and access to paid leave. This information should be consistent and is best contained within a policy.

Refer the person Encourage or ensure the responsible people in your workplace maintains up to date referral information And ensure this is readily available to all staff. This information should be maintained for both men and women and for victims and perpetrators of DFV

A proactive work culture Training and awareness about your workplace policy for DFV assists employees: how to recognise and respond to dv to understand workplace rights and policies to find appropriate help and support Supports victims in a non-judgmental manner that respects their privacy Takes a stance against DFV and abuse Assesses/reviews for risk and relevance and manages safety hazards identified