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Employee's age and remote work request had no "rational connection"

An employee who sought 100% remote working arrangements because she was over 55 and had increased health risks has failed to secure flexible work orders, with the Fair Work Commission finding no nexus between her age and her request.

In January this year, the ANZ project business analyst requested to work entirely from home, on the basis of her age (62). She argued that working remotely over the past few years hadn't reduced her productivity, and that due to her age, she had a higher risk of suffering serious illness if she contracted COVID.

A manager suggested some alternatives to 100% remote work, which included providing the employee with a desk away from others in the office, allowing her to take additional "fresh air" breaks, and providing an outdoor space or meeting room for her to have lunch.

But the employee rejected these suggestions, believing they didn't address her safety concerns...

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