RLC has published a position paper identifying how victims of family and domestic violence experience discrimination, outlining proposed legislative changes to address this.
Furthermore, with increasing community awareness of the extent and cost to the community of domestic violence, and a recent Fair Work Commission decision, there may be cause for some hope for law reform in the future.
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In August 2015, the Fair Work Commission (FWC) heard Leyla Moghimi v Eliana Construction and Developing Group Pty Ltd. Leyla Moghimi was a victim of domestic violence who was dismissed from her job because her employer did not believe they could protect her from a violent partner who was also an employee within the same company. The FWC found in favour of Moghimi and ruled her termination was unlawful because it “had nothing to do with the Ms Moghimi’s conduct and performance and everything to do with the conduct of another employee, Ms Moghimi’s partner”. The FWC also rejected the proposed solution that Ms Moghimi could work from home because this would be to reinforce the message that victims of domestic violence should be excluded from the workplace. Ms Moghimi was awarded the maximum compensation amounting to $27,500. |
When consolidation of discrimination laws was actively under consideration by the Federal Government in 2012, there were calls for domestic violence to be included as a protected attribute in discrimination law.
This was highlighted by RLC in our submission to the Senate Finance and Public Administration Committee’s Inquiry into Domestic Violence in Australia last year, calling for further protections for victims of domestic violence to be implemented into the Fair Work Act 2009 (Cth).
RLC’s recommended protections include paid domestic violence leave, flexible working arrangements without a minimum period of service and adverse action protections.
RLC noted that domestic violence and taking steps to escape domestic violence often negatively impacts a victim’s employment, which is essential to safeguard a person’s economic independence.
Their ability to get to work, perform and be safe at work is often compromised by domestic violence.
RLC supported the inclusion of ‘status as a victim or survivor of domestic or family violence’ as a protected attribute under Commonwealth anti-discrimination law and the Fair Work Act 2009 (Cth).
Protecting the employment status of clients who are victims or survivors of domestic violence is a high priority for Redfern Legal Centre, in line with our commitment towards supporting the continued self-determination of vulnerable clients wherever possible.
To read RLC's Domestic Violence Discrimination Policy Position paper go here.
