Domestic violence survivor loses unfair dismissal claim
A domestic violence survivor has lost her unfair dismissal claim, after being sacked her for regularly failing to attend work.
The Fair Work Commission found the employer had made every effort to assist the worker.
Domestic violence survivor loses unfair dismissal claim
The woman worked at the Champions IGA supermarket in Melbourne since 2007.
In 2014, she began a relationship that became “increasingly abusive and controlling.”
By late 2017, she described the relationship as “toxic and unbearable” – leading to her obtaining an intervention order.
The woman also experienced significant difficulties with her rental accommodation.
Furthermore, all of the issues combined impacted on the health of her daughter.
Despite her troubles, management counselled the worker on various occasions regarding lateness and absences from work.
The woman claimed the domestic violence she experienced resulted in her behaviour, and therefore she had been unfairly dismissed.
She told the Commission her then-partner had made a series of threats towards her, but didn’t provide details to her manager because she felt embarrassed.
The IGA supermarket sacked her in March this year following a series of warnings about issues to do with her performance.
Champions IGA made every effort to assist the worker.
What the Commission said
Commissioner David Gregory found the worker clearly had to deal with many difficult and challenging issues in her personal life.
He found these circumstances impacted on her behaviour and performance at work.
“However, it is also evident that [the supermarket] has at the same time been very supportive of her over an extended period of time, and went to some unusual lengths in this context.
“For example, the business paid for her to attend a series of professional counselling sessions.”
Commissioner Gregory found the business had been “very tolerant” of repeated “poor punctuality and frequent absences” from work.
“[The employer] went to extraordinary lengths over an extended period of time to assist [the worker] in dealing with the issues outside of work that were impacting on her.
“It also makes clear that it became increasingly frustrated by her failure to comply with the directions given to her to make contact when she was not going to be at work on time, or needed time off at short notice.”
The Fair Work Commission therefore found the dismissal not harsh, unjust or unreasonable.
What the experts say
Miles Heffernan from IR Claims said employers have an obligation to support victims of family and domestic violence.
“Workers who experience these sorts of issues have a terrible time,” he said.
“Firstly, their personal safety is a risk, which is a constant worry.
“Secondly, they have to worry about where they live and they might have to deal with lawyers.
“Thirdly, if children are involved, it adds even more stress to an extremely stressful situation.
“If employers can allow some reasonable time off, and any other support, like counselling, it can really make a difference to victims.”
Recent changes to the Fair Work Act now require employers to allow five days of unpaid leave to workers who are dealing with family and domestic violence.
Call our team at Industrial Relations Claims today on
