1. INTRODUCTION
Castle Hill RLS Ltd (CHRG) is committed to providing a safe and supportive environment for all team member, particularly those experiencing family and domestic violence. CHRG will support our team members to continue to participate in the workforce through a broad range of support initiatives.
The objectives of this policy are to:
provide a safe and supportive environment for those experiencing family and domestic violence.
ensure managers remain mindful of their responsibility to manage the sensitivity regarding the handling of family and domestic violence.
ensure the efficient administration of those employees affected by family and domestic violence.
ensure the application relating to family and domestic violence leave is applied consistently across the business.
This policy applies to all CHRG employees.
1.1.What Is Family & Domestic Violence?
Family and domestic violence is any violent, threatening, or other abusive behaviour by a family member that:
seeks to coerce or control the person, and/or
causes them harm or fear.
Domestic violence can include any of the following types of harm:
Physical: any act intended to cause bodily harm
Sexual: unwanted or forced sexual engagement
Emotional: put downs, humiliation, manipulation
Financial: withholding of a partner’s access to funds with the intention of disempowering them
Social: preventing a partner from having contact with friends and family
2. PREVENTION OF FAMILY & DOMESTIC VIOLENCE
CHRG strongly supports the prevention of family & domestic violence in any way and therefore promotes a workplace culture of zero tolerance of violence.
For leaders of CHRG this means:
1. Promoting respectful relationships between families and domestic partners.
2. Actively acknowledging the human rights of employees.
3. Understanding and actively following workplace policies around safety for employees who disclose violence as an issue in their lives.
4. Being proactive and innovative in gender equality issues.
For team members of CHRG this means:
1. Treating everybody, regardless of gender, in a respectful, courteous, and helpful manner.
2. Understand CHRG policies and procedures for reporting and responding to violence when it occurs.
3. Taking appropriate action when witnessing acts of violence in the workplace and not remaining silent.
4. Be clear that violence is unacceptable as part of the workplace.
5. Support the development and implementation of policies and procedures supporting the prevention of violence, aggression, bullying, harassment, and discrimination in the workplace.
6. Not engaging in any behaviour that feeds inequality.
October2023
By spreading awareness and providing education on domestic violence related issues to CHRG staff and management,we strive to achieve an understanding of theseissues amongstemployees and create meaningful and lasting behaviour changes which will prevent family and domestic violence.
3. SUPPORT FOR THOSE AFFECTED BY FAMILY & DOMESTIC VIOLENCE
Any team member whoexperiencessituations of violence and abuse in their domestic life which may adversely impact on their attendance and/or performance at work will not be disadvantaged in their employment at CHRG.
CHRG will provide support to a staff member experiencing domestic violence. Where practicable, an operationally possible, examples of assistance may include:
Changes to hours of work;
Changes to the location of work (where applicable);
Relocation to suitable employment where this is able to be identified;
Changes to work phone numbers or work email addresses;
Other appropriate measures such as family-friendly hours and flexible working arrangements.
CHRG will co-operate with all legal orders protecting team members experiencing domestic violence.
3.1.Family & Violence Leave
All team members are entitled to 10 days paid leave, in accordance with the National Employment Standards. This includes full-time, part-time, and casual employees.
Family and domestic for the purposes of:
Seeking medical and legal assistance;
Attending court appearances;
Counselling;
Changing children’s school;
Relocation; or
To make other safety arrangements.
Team members are entitled to be paid for all the hours they would have worked on those days if they weren’t on leave. The leave doesn’t need to be taken all at once. It can be taken as single or multiple days. An employer and employee can also agree for an employee to take less than one day at a time.
Family and Domestic Violence Leave is non-cumulative and resets on the employee’s work anniversary. In addition to paid Family and Domestic Violence Leave, staff members may choose to access other leave entitlements including personal and carers leave, annual leave and long service leave, or may access leave without pay. The amount and type of leave provided will be determined by the individual’s situation through consultation between the staff member and their direct leader or the People team.
3.1.1.
NoticeandEvidenceRequirements
When taking Family and Domestic Violence Leave, notice must be provided as soon as practicable, and prior to the commencement of the employee’s rostered shift.
CHRG may request evidence that shows an employee took the leave to deal with family and domestic violence. When requested this evidence will not be used for any other purposes unless:
the employer is required to deal with the information by law, or
it’s necessary to protect the life, health or safety of the employee or another person.
Types of evidence can include:
a statutory declaration;
documents issued by the police service;
documents issued by a court, or
family violence support service documents.
3.1.2. Payslips
Payslips will not mention any payment, use of or balances of Family and Domestic Violence Leave.
3.2.Confidentiality
CHRG will take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided is treated confidentially, as far as it is reasonably practicable to do so. In some circumstances, CHRG may be required to disclose information provided by an employee if the disclosure is required by law or is necessary to protect the life, health or safety of the employee or another person. In such circumstances CHRG will let the staff member know that the information is to be provided to a third party and why. No information will be kept on an employee’s personnel file without their express permission.
4. RESPONDING TO REPORTS OF DOMESTIC VIOLENCE
From time-to-time managers and employees may be faced with a situation whereby someone in the workplace has disclosed that they are experiencing problems with domestic violence.
As part of our commitment to supporting any employee experiencing family or domestic violence CHRG has developed the following procedures to follow under such circumstances.
4.1.Employee reports imminent danger or requests immediate assistance:
In consultation with the staff member:
Alert Security Supervisor (If on duty) and Department Manager or Customer Service Manager.
Call 000.
4.2.Employee reports that they are in an abusive relationship:
Actively listen to the team member’s concerns, show empathy and instill trust to help the person feel comfortable in opening up to you. Be clear that your role is to help and not to judge. It is important that the employee understands that you care, will listen and that you want to help. Provide guidance to the support services available to them.
Inform the employee of the Employee Assistance Program (EAP) and explain that they will be able to assist with counselling, advice and the development of safety plans depending upon the specific needs of the person. In cases where the employee declines the offer of the EAP, let them know that you are concerned about their situation and recommend other external services that will be able to provide support and assistance. Such services may include:
National Sexual Assault, Domestic Family Violence Counselling Service:1800 Respect
Domestic Violence Line: 1800 656 463
Domestic Violence Legal Advice Line: 1800 810 784
Lifeline: 13 11 14
Local Police
POLICY
October2023
Also let the person know that, unless there is danger to other staff or patrons, their information will not be disclosed to others. Where information does need to be disclosed let them know you will consult with them first.
If the team member would like to take leave, follow the procedures outlined in this policy and contact the HR team for more information.
If the employee requests and additional support options, as outlined in this policy, contact the HR team to assist in the implementation.
SpecificWaysLeadersCanHelp
After a leader has followed the procedure above, there are some specific steps that can provide additional support to the employee. Such steps may include:
Ask the person experiencing the violence what changes could be made to make her (or him) feel safer in the workplace. Remember, the victim knows the perpetrator better than anyone else.
Encourage the employee to save any threatening e-mail or voice-mail messages. These can potentially be used for future legal action or can serve as evidence of violating an existing AVO.
Ask the employee to name an emergency contact person in case the employee is missing or unreachable.
Designate a code word or phrase so the employee can alert you to any immediate danger.
Can someone walk with the employee to their car or public transit stop at the conclusion of their shift? Are there any carpools in her (or his) residential area?
Don't give out any personal information to others. Perpetrators often have excellent skills in obtaining information from co-workers.
If needed and possible, rework the employee’s work assignment or schedule. Follow up to see how the employee is doing with the new arrangement. Ask general questions such as “How are you doing?” or “How are things going?” Do not do this in the hearing of others.
To avoid arousing an abuser’s suspicion, an employee may want to seek help during the workday. If possible, rearrange the work schedule so that there is time during lunch or breaks.
Respect the employee’s privacy, even if you think she (or he) is still in an abusive relationship. Maintain your relationship as leader, not as counsellor.
WhatNottoSay
There are some phrases that must be avoided in order to remain supportive. Ensure you do NOT say any of the following:
Why don’t you just leave?
Why did you return to your partner?
What did you do to provoke them?
Why did you wait so long to tell someone?
Or in fact any ‘why’ questions as they indicate that you think the person is in some way responsible for the crime they are experiencing. Also...
Don’t use labels (eg. “you’re crazy to stay with him”).
Don’t tell the person what to do, just provide the numbers as recommended in the previous sections.
Don’t discuss the person’s information with anyone else without receiving their permission.
5. SUPPPORT FOR LEADERS
Our EAP is available to leaders to seek advice or counselling regarding their own involvement as a helper. EAP counsellors may be able to provide additional resources and insights to better enable you to provide
October2023
effective assistance and/or assist leaders in managing the impact of being a helper in such difficult circumstances.
6. BREACH OF THIS POLICY
Breaches of this policy may result in counselling and or disciplinary action, up to and including dismissal.
7. REVIEW OF THIS POLICY
This policy will be reviewed every two years to ensure it remains consistent with all relevant legislative requirements, as well as the changing nature of the company or more frequently where legislative requirements are changed or amended.
8. POLICY COMMUNICATION AND EDUCATION
This policy will be stored on CHRG’s intranet site. It will be incorporated into induction/onboarding programs and CHRG will conduct education sessions on the application and operation of this policy as required and when any changes to the policy are implemented.
9. DOCUMENT HISTORY
Preparedby: Approvedby: Date: Version: Comments
Alison Brinkman Head of People & Purpose
David O’Neil Group CEO