Oireachtas Joint and Select Committees

Tuesday, 18 October 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

Organisation of Working Time (Domestic Violence Leave) Bill 2020: Discussion (Resumed)

Dr. Nata Duvvury:

Part of the problem is the legislation in other jurisdictions that members may be considering and looking at has been introduced at various points in time. Thus, Australia requires proof whereas New Zealand moved from proof but then expanded the right of the employer to refuse the leave. Domestic violence is about power. A person who experiences violence is often extremely powerless and is not able to articulate and fight for what is their due because they believe they deserve it, due to the patriarchal notions that fuel violence. Even the threat you might have to give evidence or proof will have a chilling effect on people coming forward to apply for leave. This has been one of the big criticisms in academic literature about domestic violence leave policies in other jurisdictions. It has been documented and we have all come to the conclusion proof is just not possible in this case.