Justine is a content writer at Sprintlaw. She has experience in civil law and human rights law with a double degree in law and media production. Justine has an interest in intellectual property and employment law.
Working from home can be a genuine win for productivity and flexibility. But for some people, home isn’t the safest place to be.
Domestic violence (sometimes called family violence) can escalate when a person is isolated, monitored, or unable to access support. That means employers need to think carefully about what “a safe workplace” looks like when the workplace is someone’s home.
This guide is updated for current expectations and modern remote-working realities. We’ll walk you through what your legal obligations generally look like in New Zealand, what a practical (and respectful) response can involve, and how to build policies and processes that protect your people from day one.
Why Domestic Violence Is A Workplace Issue (Even When Staff Work From Home)
Domestic violence isn’t “just a personal matter” once it affects someone’s ability to work safely, participate in work, or access support. It can also spill into work in ways that impact the whole team.
Common ways domestic violence can show up in a work context include:
- Coercive control affecting availability and performance (for example, a partner monitoring calls, preventing someone from joining meetings, or interfering with deadlines).
- Stalking or harassment through work channels (like abusive emails to a work address or repeated calls to a work phone).
- Threats involving the workplace (for example, threats to contact colleagues or clients, or to show up at an office).
- Technology-facilitated abuse, which can be more complex when work systems (laptops, apps, calendars) are involved.
- Financial abuse where income, payroll details, or work hours are controlled by an abusive person.
When someone works remotely, these risks can be harder for managers to notice. That’s why it’s important to put a clear plan and safe reporting options in place - so your staff can get support without having to “prove” anything first.
What Are Your Legal Obligations As An Employer In New Zealand?
In NZ, your obligations around staff safety don’t stop at the office door. While you can’t control everything that happens in someone’s home, you can take reasonable steps to identify risks connected to work and reduce them.
Health And Safety Duties Still Apply
Under the Health and Safety at Work Act 2015 (HSWA), a “PCBU” (person conducting a business or undertaking - most employers) must ensure, so far as is reasonably practicable, the health and safety of workers while they are at work.
For remote teams, the “workplace” can include:
- the employee’s home workspace
- work communications and systems
- work travel (if relevant)
- work-driven interactions with clients, customers, or the public
HSWA also includes duties around managing risks and consulting with workers. That doesn’t mean you’re expected to investigate someone’s home life - it means you should have a sensible, documented approach when a risk is raised.
Employment Law And Good Faith
Under the Employment Relations Act 2000, both employers and employees owe each other duties of good faith. Practically, this means you should respond to concerns in a genuine, fair, and timely way - especially where safety is involved.
It also means you should avoid knee-jerk decisions that could disadvantage a victim-survivor (for example, cutting their hours because they seem distracted, without exploring whether support or adjustments are needed).
Domestic Violence Leave And Workplace Support
New Zealand provides specific protections for employees affected by domestic violence under the Domestic Violence – Victims’ Protection Act 2018. This includes:
- paid domestic violence leave (for eligible employees)
- rights to request short-term flexible working arrangements to help manage safety and wellbeing
- protections against adverse treatment because someone is, or is suspected to be, affected by domestic violence
In real terms, this is your reminder to treat domestic violence as something your business can support staff through - not something to ignore until it becomes a performance issue.
Privacy And Confidentiality
If an employee discloses domestic violence, you’ll often be handling highly sensitive personal information. The Privacy Act 2020 requires you to collect, use, store, and disclose personal information appropriately.
That means:
- only collecting what you genuinely need
- being clear about who will have access
- keeping information secure (including notes, emails, and HR systems)
- not sharing details with “helpful” colleagues who don’t need to know
A good starting point is checking your internal privacy and HR settings - many businesses use an Employee Privacy Handbook style approach so managers understand what they can record, where it’s stored, and when it can be shared.
How Do You Spot Red Flags Without Being Intrusive?
No one expects you (or your managers) to become investigators. In fact, being overly intrusive can create more risk - especially if an abusive person is monitoring messages or controlling access to devices.
Instead, focus on creating safe opportunities to ask and low-friction ways to disclose.
Common Workplace Indicators (Especially In Remote Settings)
- someone repeatedly cancels meetings at the last minute without explanation
- they seem anxious about being on camera or unmuting
- you hear another person prompting them or controlling what they say
- they suddenly lose access to devices, accounts, or email
- their work phone is constantly answered by someone else
- they appear unusually worried about payroll details or rosters
- there are unexplained changes to personal details (address, emergency contact) with urgency
How To Check In Safely
The goal is to make it easy for the person to say “yes” or “no” without putting them at risk. A simple approach might look like:
- Ask general wellbeing questions first (“How are things going working from home?”).
- Offer options (“If working from home isn’t feeling safe or workable right now, we can talk about alternatives.”).
- Avoid asking direct questions if you can’t guarantee privacy (“Are you being abused?” can be dangerous if overheard).
- Give them control over the communication channel (“Would you prefer email, chat, or a phone call at a specific time?”).
It can also help to remind staff about broader support options, like mental wellbeing leave and sick leave, without forcing anyone to label what’s going on. Some workplaces share resources alongside guidance about taking time off - similar to how you might communicate options around a Mental Health Day Off Work when someone is struggling.
Practical Steps To Make Working From Home Safer
Once you accept that domestic violence can intersect with work, the next step is building a plan that is practical, respectful, and legally sensible.
Here are measures we often see working well for small businesses and growing teams.
1) Offer Alternative Work Arrangements
For some employees, working from home is the risk factor. For others, it’s the safest option. The right approach depends on the person’s circumstances - so flexibility matters.
Options can include:
- temporary work from the office (even if the business is “remote-first”)
- a different office location or coworking space
- adjusted start/finish times
- temporary reallocation of public-facing tasks
- a change to communication expectations (for example, fewer video calls)
Whatever you implement, make sure it’s properly documented so expectations are clear and the employee feels supported rather than monitored. If your team uses formal remote work arrangements, it’s worth reviewing your approach to Working From Home Legal Issues so safety, privacy, and equipment responsibilities don’t fall into a grey area.
2) Build A “Code Word” Or Safe Escalation Process
This is a simple, high-impact step for remote teams.
A code word or code phrase can allow an employee to signal they’re not safe to talk, need a call ended, or need help - without alerting an abusive person who may be nearby.
Example approaches include:
- a phrase like “Can we reschedule this for next week?” that triggers the manager to end the call and follow a safer channel
- a specific emoji or one-word message (used carefully, and only if the employee agrees)
- a “blank calendar invite” that signals “I need a check-in at a safer time”
The key is that the employee chooses what’s safe and realistic for them.
3) Tighten Security Around Work Devices And Accounts
Technology-facilitated abuse is an increasingly common element of domestic violence. From a business perspective, this is both a safety issue and a data protection issue.
Consider:
- multi-factor authentication (MFA) on email and key systems
- the ability to quickly reset passwords and revoke device access
- limiting access to sensitive client data based on role
- making sure shared devices (or shared logins) aren’t being used
- checking whether location sharing is enabled on work apps
If your business collects or stores personal information (about employees, customers, or clients), a clear Privacy Policy and internal privacy procedures help you stay consistent about how information is handled when a sensitive situation arises.
4) Be Careful With Monitoring, Surveillance, And “Checking Up”
When someone’s performance changes, it can be tempting to increase monitoring - more frequent check-ins, more reporting, tighter time-tracking.
But if domestic violence is in the background, that can actually increase risk. It can also raise privacy issues and damage trust across the whole team.
If you use monitoring tools (screenshots, keystroke tracking, CCTV at an office, call monitoring), you should be transparent and proportionate. Even in non-domestic-violence situations, it’s worth understanding where the legal and practical lines sit around surveillance - for example, Are Cameras Legal In The Workplace is a common question for employers building safe systems.
5) Update Your Employment Documents So Support Is Clear
When a staff member asks for domestic violence leave or flexibility, your response will go much more smoothly if your documents already reflect:
- leave request pathways
- confidentiality expectations
- who the point of contact is (manager, HR, or business owner)
- what evidence (if any) may be requested, and how it’s handled
This is often easiest to implement through a combination of a tailored Employment Contract and a clear set of workplace policies (including safety and leave procedures) under a Workplace Policy framework.
How Should You Respond If An Employee Discloses Domestic Violence?
This is the moment that matters most. A supportive response can reduce risk and help the employee stay connected to work and support systems. A poor response can unintentionally escalate danger.
Here’s a practical approach many NZ employers follow.
Step 1: Prioritise Immediate Safety
If the employee is in immediate danger, encourage them to contact emergency services. If you believe there’s an urgent risk, you may need to escalate as well - but do it carefully and only with the information you genuinely have.
In non-urgent cases, focus on “What do you need right now to be safe today?”
Step 2: Ask What’s Safe For Communication
Before you send any follow-up email, leave a voicemail, or message them on Teams/Slack, check:
- Is it safe to contact you on this channel?
- Is it safe to use work email or work phone?
- Should we avoid certain words in messages?
- Who (if anyone) at work is safe to involve?
This reduces the risk of accidentally alerting an abusive person.
Step 3: Offer Support Options (Without Making Promises You Can’t Keep)
Depending on the situation, support might include:
- domestic violence leave (if eligible)
- temporary flexible working arrangements
- adjusted duties, rosters, or workload
- time off for appointments (medical, legal, counselling, support services)
- help updating payroll, contact details, or emergency contacts
- referral to EAP or other support services (if you have them)
Try to avoid making commitments you can’t deliver (“We’ll make sure they never contact you again”). Instead, focus on what you can control: work systems, schedules, who has access to information, and how the workplace responds.
Step 4: Document Carefully And Store Notes Securely
It’s usually appropriate to keep a brief record of:
- the date of the disclosure
- what support was requested
- what was agreed (leave, flexibility, safety plan steps)
- who is responsible for follow-up and when
Don’t record excessive detail about the abuse. Keep it on a need-to-know basis, and store it securely (consistent with your privacy processes).
Step 5: Follow Up (And Keep It Human)
Support isn’t a one-off conversation. Set a follow-up that the employee agrees is safe - for example, a check-in in one week, or a monthly review of flexible arrangements.
Also consider manager support. These situations can be heavy, and your managers may need guidance on what to do (and what not to do) next.
Key Takeaways
- Domestic violence can create real health and safety risks for employees, including when they’re working from home, and it’s something employers should plan for rather than react to.
- Your duties under the Health and Safety at Work Act 2015 can still apply in remote settings, particularly where work systems, work communications, and work-driven risks are involved.
- Employees affected by domestic violence may have legal rights to domestic violence leave and to request short-term flexible working arrangements, and they should not be treated adversely because of the situation.
- Confidentiality is critical - disclosures often involve sensitive personal information, and you need a clear, secure process for handling it under the Privacy Act 2020.
- Practical safety steps like alternative work locations, code words, secure account access, and clear policies can make a meaningful difference without being intrusive.
- Employment documents and workplace policies should clearly explain how staff can seek help, how leave/flexibility is handled, and who the safe point of contact is.
If you’d like help putting the right policies and employment documents in place (or you’re responding to a sensitive situation right now), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.


