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

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

Infertility Week: 4 things that can stop surrogacy

Infertility can eat away at a person’s sense of hope. It can make ordinary moments painful: a pregnancy announcement, a family gathering, or the seemingly endless appearance of babies everywhere. For someone longing to become a parent, the question can become deeply personal: why does parenthood seem possible for everyone else? Infertility awareness is not… Read More »Infertility Week: 4 things that can stop surrogacy

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