New Protections for Employees Dealing with Domestic Violence

The Domestic Violence – Victims Protection Act 2018 is now in force providing rights to employees affected by domestic violence.

On 1 April 2019 the Domestic Violence – Victims Protection Act 2018 came into force to provide employees affected by domestic violence with:

• 10 days paid domestic violence leave per year; and
• the right to make a request for a short term variation to their working arrangements.

The purpose of domestic violence leave and the variation to working arrangements is to deal with the effects of domestic violence on the employee. An employee can take domestic violence leave and request the variation regardless of how long ago the violence occurred, even if it occurred before the employee’s employment began.

The changes are welcomed by many in the face of New Zealand’s dire domestic violence statistics and the effect domestic violence has on its victims’ ability to retain employment. While the changes will positively affect those affected by domestic violence, there are a number of areas which employers should consider carefully: 

• When an employee requests domestic violence leave or a variation to working arrangements, employers may require proof that the employee is affected by domestic violence. The legislation does not provide detail as to what might constitute proof. Many victims will not have reported the violence to the police or their injuries to a doctor so will have no contemporaneous or formal proof that they are domestic violence victims. In these circumstances employers should be prepared to accept their employee’s word in most cases that they are a domestic violence victim. Receiving reliable corroboration from a support person may also be of assistance to an employer in this regard.
• Privacy concerns will be of great importance to many domestic violence victims. For instance, if an employee is still living with the perpetrator of the violence, an employer may need to consider how any domestic violence leave is coded onto pay slips or other documents to avoid it being seen by that perpetrator. This is something that may cause further harm.
• A new ground for a personal grievance claim has been created for situations where an employee that is, or is suspected/assumed to be, affected by domestic violence is treated adversely by their employer.
• Employers might want to develop a policy that covers these issues, as well as who should manage and be privy to domestic violence employment issues. Employment agreements entered into after 1 April 2019 should contain an explanation of the domestic violence leave each employee will be entitled to.

By Quigg Partners, New Zealand, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact newzealandlabor@transatlanticlaw.com  

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