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.