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ARTICLE · 15 AUGUST 2016

DV (Domestic violence) and job termination

Employers should not to dismiss employees for their conduct outside of work if it does not affect their duties at work.

AustraliaEmployment and HR

Dismissing an employee for reasons connected with domestic violence - either a perpetrator or victim - will require careful consideration of the circumstances, including their relation to the workplace.

Employers have responsibilities to employees who are victims or perpetrators of domestic violence.

Employers should become familiar with their obligations to employees who are affected by domestic violence, particularly when the issue of termination arises.

Obligations in the public sector

The Public Service Act 2008 (Qld) (the Act) imposes obligations on public sector employees for both work performance and personal conduct. Specifically, s26(1)(k) of the Act requires that the conduct of public service employees "does not reflect adversely on the reputation of the public service". This means that an employer is permitted to consider an employee's involvement in domestic violence when assessing their fitness for work and, by extension, termination.

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