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Contract didn't give employee "unconditional right" to WFH: FWC

The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.

In analysing the contract's terms, Commissioner Scott Connolly found permission to work remotely was in fact "conditional", and that the employee had no sound basis to believe otherwise.

The PaperCut Software employee's contract, which he signed in March 2022, contained a "mobility" clause stating he was "permitted to work from [his] personal residence... in line with relevant PaperCut policy". It also said he "may be required to work at other locations from time to time".

In August 2022, the employer sought to vary the mobility clause, telling the employee the original drafting was "incorrect". It proposed new wording, specifying the PaperCut office as his place of employment, and stating that he "may be permitted" to work from home in line with relevant policy...

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