By Hannah Hurst

Employers are charged with an obligation to maintain a safe work environment for their staff, although with the impacts of COVID-19 and the requirement for many employees to relocate and work from home, this is more challenging than ever. Employers have less visibility over home environments and cannot assume they are safe for their workers.

The implications of COVID-19 and working from home have exacerbated issues relating to domestic violence as family members and partners have been forced to spend more time together in private places, and the accessibility to domestic violence services has become limited.

WHS duties and obligations

Employers must ensure workers and others in the workplace are not exposed to risks to their health and safety, inclusive of family and domestic violence, in accordance with Work Health and Safety (WHS) obligations. Employers must undertake a systematic approach to managing risk with an aim to eliminate that risk altogether, or if this is not possible, minimising the risk so far is reasonably practicable.

It is essential for employers to be mindful of this and ensure they are avidly protecting their workers and ensuring a safe work environment, including when working from home.

Working from home

When relocating employees to work from home, employers should identify and manage any associated risks which arise from working from home arrangements. Employers should actively consult with their employees to identify these risks and encourage workers to discuss any specific or individual concerns they may have in respect to their health and safety, or the impact any proposed control measures may have on them.

This is particularly crucial for employees who may be experiencing family or domestic violence, as they may share important information that needs to be considered before work arrangements change.

Not all employees will be comfortable sharing such personal circumstances with their employer, however, and therefore to minimise the risks within an employee’s home, employers should:

  • Maintain regular and open communication with employees – other than in face-to-face situations where you can be sure the employee is alone, employers should avoid directly asking questions to an individual experiencing family and domestic violence 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 their partner’s communication streams, including emails, texts and calls;
  • Agree on code words for the employee to use to let you know that they need assistance, or the perpetrator is present, and they cannot speak freely;
  • 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 that workers can confidentially talk to about any concerns;
  • Provide work phones and laptops to enhance autonomy and digital security; and
  • Provide continued access to an employee assistance program or other support programs (such as SafeWork Australia or the Domestic Violence Helpline).

If working from home is not a safe option for the employee, alternative work environments must be provided for the individual so far as reasonably practicable. In these circumstances, it may be appropriate to arrange an alternative location for the employee to attend work or permitting the employee to work from the office. Care must be taken when communicating these arrangements to the rest of the workforce to protect the individual’s privacy and dignity.

Managing the risk of family and domestic violence in the workplace

Under the Fair Work Act 2009 (Cth), employees have the right to:

  • Take unpaid family and domestic violence leave where they are experiencing family or domestic violence and need to do something to deal with its impact (for example, accessing police services and moving out of the house) that it is impractical to do outside of their ordinary hours of work; and
  • Request flexible working arrangements if they are experiencing family or domestic violence or providing care or support to a member of their immediate family or household who is experiencing family or domestic violence.

It is common that victims of family or domestic violence are made to feel ashamed of their situation; thus, it is imperative that employers implement confidentiality procedures and reassure their employees that no adverse action will arise or impact their employment by reporting the abuse or requesting flexibility to accommodate the employee’s circumstances.

It is a delicate balance between respecting an employee’s privacy and maintaining your duty of care for their health and safety. Encouraging flexibility, compassion and transparency in the workplace will allow employees to communicate more effectively with their colleagues and managers.

If you or one of your employees have been experiencing family or domestic violence whilst working from home, you can seek help through:

Have a question about domestic violence and WHS obligations? Contact the team at HR Assured. If you’re an HR Assured client, you can contact our 24/7 Telephone Advisory Service. Not an HR Assured client and need some advice? The team at HR Assured can support your business on a range of workplace matters. Contact us today to arrange a confidential, no-obligation chat.

Hannah Hurst is a Workplace Relations Consultant at FCB Group and HR Assured. She regularly provides advice to a wide range of businesses in respect to compliance with workplace laws and has a special interest in the retail industry. Hannah is also a fourth-year law and commerce student at Macquarie University.