NSW – Employment law, domestic violence leave, discrimination and settlement deed
I'm hoping someone familiar with NSW employment and discrimination law can clarify whether I may have received incorrect advice before signing a settlement deed.
I was employed by a NSW local government organisation. During my employment, I experienced domestic violence and accessed DV leave and other workplace supports.
During this period, my employer became involved in matters concerning my former partner, including communicating with him and police. I have documentary evidence that raises serious concerns about how these interactions occurred and whether my personal circumstances were used against me.
There was also an existing workplace conflict involving a senior employee against whom I had been a named witness in a Code of Conduct matter. I believe there is evidence suggesting that subsequent actions against me may have been retaliatory.
I ultimately sustained an accepted compensable psychological injury arising from workplace circumstances.
I was subsequently dismissed following a separate workplace investigation, despite concerns about the investigation process and my medically certified capacity at the time.
During settlement negotiations relating to my dismissal, my employer specifically sought a release from potential discrimination proceedings, among other claims.
I objected to this provision because I believed I may have grounds for a discrimination or victimisation claim arising from my treatment while experiencing domestic violence, accessing DV leave and participating in protected workplace processes.
However, my representative advised that I did not have a discrimination case and indicated that DV leave was not protected in the way I understood it to be.
I relied on that advice and ultimately signed the deed.
Recently, I discussed the circumstances with a senior manager from another government organisation who has extensive experience representing employers in the NSW Industrial Relations Commission. Their reaction was quite different. They suggested that, based on what I described, my former employer could have had significant concerns about potential discrimination proceedings.
I'm now trying to understand whether these are simply different legal interpretations or whether I may have been incorrectly advised.
My questions are:
In NSW, are employees protected from adverse treatment connected with experiencing domestic violence or accessing domestic violence leave, even if domestic violence itself is not expressly listed as a protected attribute under particular discrimination legislation?
Could retaliation connected with being a witness in an internal Code of Conduct investigation potentially give rise to a separate claim?
Is there a meaningful legal distinction between unlawful discrimination, victimisation, adverse action and breaches of workplace leave protections in this context?
If a representative incorrectly advises someone that no such claim exists, and that advice influences their decision to sign a broad release, are there any avenues to challenge the deed or seek advice about the representation?
I'm not asking anyone to determine whether I have a case based on a Reddit post. I'm particularly interested in understanding which legislation and protections may have applied, and whether the advice I received was legally sound.
I appreciate that signing a deed complicates matters. I'm simply trying to establish whether I made an informed decision based on accurate advice.
Thanks in advance.