Domestic Violence - Victims' Protection Act.

Gerrad Brimble, Geoff Bevan

The Domestic Violence – Victims Protection Act 2018 has passed following its final reading in Parliament. The Act makes changes to the Employment Relations Act 2000, Holidays Act 2003 and Human Rights Act 1993.

From 1 April 2019:

Victims of domestic violence can take up to ten days’ domestic violence leave each year. Employees have a right to take this leave if they are “affected by domestic violence”, regardless of when that domestic violence occurred (and even if that domestic violence occurred before the person became an employee).

Victims of domestic violence will be able to request a short term (two months or less) variation in their working arrangements. Those changes may include changes to hours or location of work, or the duties the employee performs.

Employers must respond within ten days of such a request, and can only decline a request if:

- proof is requested but is not provided;
- work cannot be reorganised amongst existing staff, and / or it is not possible / practical to recruit additional staff;
- there will be a detrimental impact on quality, performance and / or the ability to meet customer demand;
- there is insufficient work during the periods the employee proposes to work;
- structural changes are planned;
- the employee’s request will create additional costs for the employer.

Employers who receive requests for flexible working arrangement can ask for proof of domestic violence, but they must do so within three days of receiving the employee’s request. Employers can also request proof when employees ask for domestic violence leave. The Act does not give a timeframe for those requests for proof.

The grounds for raising a personal grievance will include adverse treatment in employment on the grounds an employee is, or is suspected or assumed or believed to be, a person affected by domestic violence. Discrimination against employees (or prospective employees) on these grounds will also be unlawful.

Employers who don’t comply with the new provisions may be subject to a penalty.

For more information please contact our employment law team.

Domestic Violence - Victims' Protection Act.

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