Domestic Violence and Remote Work: What are my workplace rights?
Workplace RightsThe shift to remote work has blurred the lines between home and office, but your right to safety remains protected by law.
Do employers have a duty of care for remote workers?
Yes. Under the Work Health and Safety Act 2011 (Qld), employers have a duty to ensure the health and safety of their employees. This duty does not end at the office door; it extends to remote working environments.1
This means your employer should:
- Conduct risk assessments that consider domestic violence factors.
- Offer flexible work arrangements (e.g., allowing you to work from a secure office if home is unsafe).
- Implement safety plans for communication.
Can a DVO protect my home office?
Yes. A Domestic Violence Order (DVO) can include specific conditions prohibiting the respondent from approaching your place of work. If you are working from home, the order can prohibit them from approaching that location or contacting you during work hours via work channels.2
Conditions can include:
- Not approaching within a certain distance of your premises.
- Not contacting you via email, phone, or social media.
Are employees entitled to Domestic Violence Leave?
Yes. Under the National Employment Standards, all employees (including full-time, part-time, and casuals) are entitled to 10 days of paid family and domestic violence leave per year.3
This leave is available immediately (you don’t need to accrue it) and resets every year. It can be used for:
- Attending court hearings.
- Meeting with lawyers or police.
- Moving house for safety.
- Medical or counselling appointments.
What if my abuser breaches a DVO at my home office?
If a DVO is in place and the respondent contacts you or approaches your home office in breach of the conditions, this is a criminal offence.4
- Contact Police: Call 000 immediately if you are in danger.
- Report Breaches: Even non-threatening breaches (like emails) should be reported to police to establish a pattern of conduct.
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Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
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