Can I sue my employer for unfair treatment because of domestic violence?
The situation
I am currently living in Queensland and I am feeling really lost about my job situation. For the last six months, I have been dealing with a very difficult and scary situation at home involving domestic violence. Because of this, I have had to take several unexpected days off to attend court hearings and meet with support services. My manager at the retail warehouse where I work noticed my attendance was becoming inconsistent. On the 14th of last month, my supervisor called me into a private room and told me that my 'unreliability' was affecting the team's labour requirements. They essentially told me that if my personal life doesn't stabilise by the end of this month, they will have to terminate my contract. I have already tried talking to our HR representative to explain that this is a safety issue and not just me being lazy, but they just said they have to follow company policy regarding attendance. I am terrified of losing my income, especially since I am trying to relocate to a safe house. I am unsure if the law protects me from being sacked or treated differently at work specifically because of the violence happening in my family life, or if they are legally allowed to fire me for missing shifts due to these circumstances.
Quick Summary
Yes, you may have legal grounds to sue or seek protection because the law prohibits employers from taking adverse action against you due to your subjection to family and domestic violence. Your employer's threat to terminate your contract because of your attendance related to these safety issues may constitute unlawful discrimination.
Detailed Analysis
Statutory Citations
Legal Citation: Fair Work Act 2009 § Section 351 — Discrimination
"An employer must not take adverse action against a person who is an employee... because of the person's... subjection to family and domestic violence"View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 789HD — Extension of anti ‑ discrimination rules
"Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2) in relation to family and domestic violence. (2) The provisions are as follows: ... (d) section 351."View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 106B — Taking paid family and domestic violence leave
"The employee may take paid family and domestic violence leave if: (a) the employee is experiencing family and domestic violence; and (b) the employee needs to do something to deal with the impact of the family and domestic violence; and (c) it is impractical for the employee to do that thing outside the employee's work hours."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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