• Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us now  07 4688 2188

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Clifford Gouldson Lawyers

  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search

Mobile Menu

  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals

Dismissal because of domestic violence deemed not discrimination

You are here: Home / News / Dismissal because of domestic violence deemed not discrimination

In January last year, in the Queensland Industrial Relations Commission, Deputy President Swan dismissed a complaint made by a worker that claimed she had been sexually discriminated against by her employer due to an unfortunate event of domestic violence.

The worker (Ms Wright) had her employment terminated after she had failed to attend work due to an incident of domestic violence that had occurred the night before.

Following the dismissal, Ms Wright lodged a complaint with the Anti-Discrimination Commission on the basis that her dismissal amounted to sexual discrimination, as defined in the Anti-Discrimination Act 1991 (the Act).

Ms Wright’s reasoning for lodging her complaint was that, as a woman, she had a disproportionate likelihood of being a victim of domestic violence when compared to men and because her employer terminated her employment, her employer had discriminated against her.

The employer in this case did not dispute the fact that women are more likely to experience domestic violence and even went as far as to quote a survey undertaken by the Australian Bureau of Statistics, that included statistics such as:

  1. approximately one in four women experienced violence by an intimate partner, compared to one in thirteen men;
  2. women were nearly three times more likely to have experienced partner violence than men, with approximately one in six women and one in sixteen men having experienced partner violence since the age of 15;
  3. one in for women and one in six men reported experiencing emotional abuse by a current and/or previous partner since the age of 15.
    The employer argued that, while this disproportion was apparent, men also experienced domestic violence, and that domestic violence was not a characteristic of being a woman, which is essential to proving discrimination under the Act.

Deputy President Swan accepted both parties’ submissions that women are more likely to be victims of domestic violence but did not accept Ms Wright’s argument that the likelihood of being a victim was a characteristic of being a woman.

The Commission therefore found that the employer did not discriminate against the worker and the complaint was dismissed.

The case presents an interesting discourse on the provisions of the Act that prohibit employers from discriminating against workers on the basis of what the Act describes as a ‘characteristic’ that a person has. The Case demonstrates that this determination is not always easy to identify.

The Commission found that the Applicant’s argument essentially came down to the Applicant claiming that she had been discriminated against because of an inability to reasonably keep personal issues out of the workplace, which the Commission determined was not a trait that women generally have.

If you are unsure as to whether you have been discriminated against in the workplace, or have been accused of discriminating against an employee, contact one of our workplace experts for advice.

Previous Post: « Sushi case confirms employer record-keeping requirements
Next Post: $700 saved costs family $50,000 »

Primary Sidebar

We can help

Danny Clifford

Director

Angela Pratt

Special Counsel

Monique Chow

Lawyer

Melanie Sharpe

Lawyer

Michelle Price

Senior Paralegal

Related Alerts

April 7, 2025
Breaking Free: Non-compete clauses may be banned for nearly 3 million Aussies

In the recently announced 2025 Federal Budget, the Albanese Government has stated that if...

January 15, 2025
New Criminal Penalty for Wage Theft: What Employers Need to Know

As of 1 January 2025, intentional wage theft—intentionally failing to pay employees their full...

August 21, 2024
Are You Ready? Fair Work Act amendments start 26 August

The second part of the Federal Government’s “Closing Loopholes” reforms passed Parliament on 12...

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
mail@cglaw.com.au
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA (Head Office)
259 Ruthven Street,
Toowoomba Q 4350

PO Box 8208,
Toowoomba South Q 4350

Toowoomba Office

BRISBANE
Level 5, 231 George Street,
Brisbane Q 4000

PO Box 12802 George Street,
Brisbane Q 4003

Brisbane Office

 

SUNSHINE COAST
Regatta Corporate Building, Office 3,
Ground Floor, Innovation Parkway,
Birtinya Q 4575

Locked Bag 5010
Caloundra DC Q 4551

Sunshine Coast Office

Practice Areas

  • Property + Business Transactions
  • Workplace
  • Litigation + Dispute Resolution
  • Intellectual Property + Technology
  • Wills, Estates, Planning + Structuring
  • Business + Corporate Advisory
  • Construction
  • Privacy & Disclaimer
  • Terms of Use

Site Footer

CG Law (Trading) Pty Ltd ACN 143 426 028 t/a Clifford Gouldson Lawyers ABN 89 143 426 028 Liability limited by a scheme approved under professional standards legislation.

The contents of this website are provided solely for general information purposes and do not constitute legal or other professional advice. Clifford Gouldson Lawyers expressly disclaims any liability arising from the use or reliance on the information provided. If you require legal or other expert advice or assistance, then you should seek our help or the services of a qualified professional.

Copyright © 2025 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher