The impact of Domestic Violence on workplaces
New Zealand has one of the highest reported rates of family violence in the OECD, with half a million New Zealanders victims of family violence. 40 per cent (or 200 000) of these victims are in paid employment. Your employment. Direct costs to the Government of providing family and sexual violence services has been calculated at $1.4 billion (2013/14.)* The cost to business was estimated at $368 million annually in 2014.
The risks of a victim working for you, without a planned and scheduled policy in place, includes distraction and errors due to lack of concentration, unscheduled time off work to attend court, seek medical attention, counselling, find alternative accommodation. At the worst, you may lose a valued employee who will leave your employment because they are hiding from their abuser. There is also a risk if a perpetrator works for you. They could use your work time and resources to harass their victim or they may require time off to attend anti-violence programs, perhaps even have home detention sentences being served out at your workplace.
The new legislation involves a significant shift as it brings an issue that is typically very private into the work sphere. With 76 per cent of family violence incidents NOT being reported to Police, It is doubtful that there will be a ‘flood’ of spurious domestic leave claims from employees. Having a family violence strategy in your workplace is more than just the right thing to do. It makes business sense in that it limits risk, and you ignore it at your cost.
The new law you need to know about
The Domestic Violence Victims' Protection Act will take effect from 1 April 2019. The purpose of this Act is to offer greater protection to victims in employment who are affectedby domestic violence. This definition includes direct victims, and employees who are carers of children of domestic violence. The Act amends the Domestic Violence Act 1995, Employment Relations Act 2000, Holidays Act 2003, and Human Rights Act 1993 to enhance legal protections for employees affected by domestic violence. This is going to have an associated financial cost implication on employers, particularly smaller businesses.
*July Cabinet paper https://beehive.govt.nz/webfm_send/68
· Employment Relations Act 2000
From April 2019, employees who are affected by domestic violence can request flexible working arrangements, for a period of time. This includes variations to workplace location, employee duties, and contact details an employee must provide e.g. home address. An employer must deal with a request as soon as possible, but not later than 10 working days after receiving it. The decision to allow flexible arrangements is subject to the employer being entitled to require proof and the Employer can refuse if the request cannot be reasonably accommodated.
· Holidays Act 2003
The Act provides for an absolute right to 10 day’s paid leave for employees affected by domestic abuse (as if it were sick or bereavement leave) for the purpose of dealing with the effects of being affected by domestic violence, after 6 months qualifying employment. If this leave is requested, the employer must grant it unless there are reasonable grounds to decline (these are set out in the Act.)
· Human Rights Act 1993
The Act adds domestic violence as a further prohibited ground of discrimination under the Human Rights Act, extending the definition of disadvantage to job opportunities and promotions, discrimination by colleagues and/or their jobs being at risk because they are a victim of domestic violence.
What should you as an employer do between now and April 2019
When you consider that several large employers, such as the Warehouse, ANZ, and University of Auckland, already have policies in place for employees who are domestic violence victims, this Act is a clear message to all businesses that they are expected to develop and implement a strategy by 1 April 2019.
The barest minimum we advise you do are:
1. Consult with staff and draft for implementation a Family Violence in the Workplace Policy
2. Formulate your training programs and other workplace tools so your ‘go-to’ staff are identified and prepared
3. Display resources in your workplace - posters, booklets, newsletters
4. Discuss your plans with key stakeholders – your senior management, key staff, unions, customers, so everyone is on board
5. Make sure you have a list of local services that can provide help to your staff, so you know where to refer people. Keep all disclosures confidential.
If you are unsure of what your strategy or policy should look like, or would like guidance on preparing your Policy, please contact the author for advice and the resources to be ready come 1 April 2019.
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