Many post-pandemic policies have broken the psychological contracts that exist between workplaces and employees, but they can be repaired, according to a global leadership expert.
Accommodating an employee's request to work a "somewhat restrictive" roster would likely lead to perceptions of unfairness and cause workplace tension, the Fair Work Commission has accepted in a flexible work dispute.
As employers continue to grapple with mandates and directions for office attendance, a workplace advisor says it's "how" decisions are made that will determine whether employees "rebel or engage".
Decisions handed down in disputes about flexible work requests highlight the Fair Work Commission's "wide scope" to make orders when parties can't come to an agreement, and the key role that flexible work trials can play, a lawyer says.
The Fair Work Commission has confirmed that it can't arbitrate a flexible work dispute about a request that was made one month before the employee met the eligibility criteria.
One of the biggest lessons so far from the Fair Work Commission's arbitration of flexible work disputes is that employers must engage in meaningful dialogue with workers who are seeking new arrangements, a lawyer says.
An employee has convinced the Fair Work Commission to order an exception to her employer's hybrid working policy, because after moving further away from its office and enrolling her children in a more distant school, she required a fully remote working arrangement to manage pick-ups and drop-offs.
Claiming to seek a flexible work arrangement due to a child's needs was "somewhat misleading", the Fair Work Commission has commented, in dismissing an employee's dispute over a rejected request.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
