Case: US: Public Policy of complaint to police

Case: US: Public Policy of complaint to police

In the recent case of Rayburn v Wady Industries,Vicki Rayburn worked with John Miller at Wady Industries.

Vicki and John commenced a relationship, split up due to this drinking, got back together until one night when he had too much to drink and assaulted her. Vicki then obtained a protection order, which included a no contact clause.

The only problem was that both Vicki and John still worked at the same plant for Wady Industries. Wady Industries tried to split the two up by tarping off their work sections, but according to Vicki, John kept harassing her at work and elsewhere.

The police came out to the factory two or three times to deal with Vicki’s complaints. Wady Industries then sacked Vicki.

Vicki sued. Did she have any rights to complain to police while at work?

The US District Court held that she did. It said that there was a clear public policy contained in the Iowa statute for no contact orders to be made. The court then went on to say:

The prtections provided by a no-contact order are meaningless, however, if they cannot be enforced; a victim must be allowed to inform law enforcement that the order has been violated. Therefore, the Court concludes that public policy not only favours the issuance of no-contact orders to protect victims of domestic violence, it favours the violation of a no-contact order.

The court then held that Rayburn was within her rights to have reported a breach of the no-contact order occuring at work, whilst she was at work.

This is an American case and is not binding in Australia by any means, but when one looks at the fundamental principles, the court got it right. Everyone has a fundamental right to safety from others, and should be able to complain to police without losing their job.

This is aside from the other issue of whether the employer and management would have committed a criminal offence. It would have been very difficult for Wady to have two employees working near each other, the subject of a no-contact clause. What this case illustrates, however, is the human approach- Wady, on believing that Rayburn was a “disruptive” influence, sacked her, and it would appear took no action against Miller.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

What Intended Parents Should Have Ready Before Their First Consultation With a Surrogacy Lawyer

By Olga Pysana – Co-founder Family By Choice, Independent International Surrogacy Consultant (The Surrogacy Insider) For many intended parents, the first consultation with a surrogacy lawyer is the moment the journey becomes real. After months, sometimes years, of fertility treatment, research, and conversations with their partner, they finally sit down with a legal professional to… Read More »What Intended Parents Should Have Ready Before Their First Consultation With a Surrogacy Lawyer

Why Education Is the Missing Piece in the Surrogacy Journey

By Sanja Jovanović, Founder & Director of Family By Choice With the ALRC’s final report on surrogacy law reform due in July 2026, Australia is on the cusp of the most significant changes to its surrogacy framework in a generation. Proposals for nationally consistent legislation, regulated surrogacy support organisations, and new pathways for compensating surrogates… Read More »Why Education Is the Missing Piece in the Surrogacy Journey

How Are Debts Divided in Divorce? Australian Property Settlement Explained

When people separate, one of the most common questions is also one of the most misunderstood: what happens to the debts? Many people assume there must be a simple rule. Half each. Joint debts are shared. Personal debts stay personal. In Australian family law, it is not that straightforward. In a property settlement, debts are… Read More »How Are Debts Divided in Divorce? Australian Property Settlement Explained

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board