In a significant Fair Work Commission case from 2023, a Queensland-based woman experiencing domestic violence was unfairly dismissed by her employer. The Commission ruled the dismissal was unjust and unreasonable, highlighting serious gaps in the employer’s response to the employee’s disclosure of DFV.
The applicant, employed as a medical receptionist, informed her employer that she had been a victim of domestic violence and needed time off for court proceedings and recovery. Rather than supporting her through a flexible and trauma-informed approach, the employer quickly moved to termination, citing absenteeism and alleged dishonesty about the situation.
Outcome:
- The Commission found the dismissal was harsh and unjust.
- The employer failed to properly investigate or provide support once DFV was disclosed.
- The applicant was awarded compensation.
Source: [Applicant v Employer 2023] FWC 1321
Why This Case Matters
- DFV is a legally recognised reason for workplace flexibility and protection.
- Employers must act with care and procedural fairness when disclosures are made.
- Failure to investigate or acknowledge DFV is increasingly viewed by regulators as negligent.
This case demonstrates that workplaces cannot afford to treat DFV as a private matter. Once a disclosure is made, employers have a duty of care — and poor handling can result in legal consequences.
Insights from the Commission
Commissioner Simpson noted that:
“The applicant gave a compelling and consistent account of domestic violence. She was not afforded procedural fairness in the decision to terminate her employment.”
This reinforces that disbelief or dismissal of survivor accounts may amount to procedural unfairness and discrimination.
Lessons for Employers
- Act quickly but sensitively when DFV is disclosed — don’t rush to judgment.
- Suspend or adapt performance management while understanding the impact of trauma.
- Follow your DFV policy — or create one. Clear internal procedures help ensure consistency.
- Train managers to understand trauma and their legal obligations under WHS and employment law.
From Story to System Change
At Capyble, we work with clients who want to move from isolated policies to integrated capability. This means:
- Building workplace cultures where disclosures are handled safely
- Embedding DFV considerations into performance and absence frameworks
- Training leaders to be early responders, not unintentional harm-doers
In Summary
The FWC 1321 case is a wake-up call. Survivors don’t need perfection — they need belief, protection, and space to recover. Employers have both a moral and legal obligation to provide that.
Getting it right saves lives. Getting it wrong, as this case shows, has consequences.
Capyble can help. capyble.com
