Domestic and Family Violence Applications and OrdersImpact of Domestic and Family Violence on Employment
At Elysian Law, we understand that the consequences of domestic and family violence on employment are profound and require expert and compassionate legal guidance. With expertise in both criminal, family and employment law, our team is uniquely equipped to handle cases where these areas intersect, providing support and legal solutions that consider the full scope of the impact on our clients’ lives.
If a person faces domestic and family violence allegations, their employment may also be negatively affected. Direct impacts on employment may include reporting obligations, breach of employment contract, investigations by regulatory authorities or employers.
At Elysian Law, we understand that these impacts can be confusing, and we are here to guide you through the process, ensuring you understand all aspects that may affect your employment. Often, people are unaware that an application for a protection order or becoming a respondent can impact their job. This is why it is crucial to seek legal advice before taking any action. Having a strategic plan that considers the wider implications can help you navigate these challenges effectively from the outset.
Breaches of Employment Contracts and Internal Investigations
Domestic and family violence applications and orders may affect a person’s employment. A person may no longer be able to perform a role if a protection order leads to the automatic suspension of a weapon licence or Blue Card or breaches a condition of their employment contract. Each person is affected differently.
Performance issues
Domestic and family violence can result in decreased productivity, absenteeism due to court commitments, and inability to complete tasks, which may affect someone’s position at work.
Disciplinary actions
Internal investigations may be commenced by the employer or an external body if you are employed in particular industries such as the police, health or law. This can be an extremely complex, long and stressful process.
Legal protections and rights
Victims of domestic and family violence are protected under various employment laws, which may include provisions for reasonable accommodations based on their circumstances.
How Elysian Law can assist:
Representation and negotiation
We represent clients facing disciplinary proceedings or contract termination related to issues associated with domestic and family violence. Our team can provide advice, representation and assistance during such employment proceedings.
Frequently Asked Questions
What should I do if I'm facing employment issues due to allegations of domestic and family violence?
Contact a legal professional immediately. Understanding your rights and options is crucial. At Elysian Law, we can advise you on steps to protect your employment and discuss the employment process and any possible legal claims you might have against unfair treatment or dismissal.
Can my employer terminate me for taking time off due to domestic and family violence issues?
No, it is unlawful for employers to terminate your employment solely because an employee needs time off due to domestic and family violence. There are protections in place, including specific leave entitlements related to domestic and family violence, which we can help you navigate.
What are reasonable accommodations for someone experiencing domestic and family violence, and how can I request them?
Reasonable accommodations might include flexible working hours, the ability to work from home, or a leave of absence when needed. Discuss your situation with us, and we can help formulate a request to your employer that considers both your safety and your job requirements.
What if I’m falsely accused of domestic and family violence and it’s affecting my job?
False accusations can be damaging and require a careful legal response. We can assist in defending you against these accusations, protecting your reputation, and addressing any workplace consequences in coordination with your employment situation.
Can I be stood down from my employment while I contest an application for a protection order?
Yes, depending on the type of employment such as police officer, doctor or teacher, you may be stood down from your role pending the outcome of a hearing and internal investigation. This process can be complex, long and emotionally draining. Elysian Law can provide you with assistance through this process.
