The Fair Work Commission will approach disputes over the upcoming right to disconnect in a similar way to anti-bullying claims, it says, including by issuing stop orders.
The Fair Work Commission has announced it will develop a 'working from home' term for modern awards, to ensure the instruments aren't an "impediment" to successful arrangements.
"Generic and blanket HR answers" aren't sufficient alone to establish that an employer has reasonable business grounds to refuse a flexible working arrangement request, the Fair Work Commission has ruled.
An employee has been ordered by the Fair Work Commission to return to the office one day per week, after refusing a reasonable direction to do so while his flexible work dispute was being determined.
Shift notifications and emergencies are specifically catered for in the Fair Work Commission's draft 'right to disconnect' clause, but detailed guidance won't be provided until after the new right is in place.
The Fair Work Commission has recommended an employer and employee show "leadership" to move away from their current flexible work stalemate, noting a "part way compromise is still better than nothing at all".
Raising concerns about a manager's ability to work effectively while at home "played a role" in her decision to quit, but it wasn't a constructive dismissal, the Fair Work Commission has ruled.
"Mapping out" how, when and why employees are contacted after hours will help employers prepare for the right to disconnect reforms, and alleviate some of the uncertainty that accompanies these changes, according to a workplace lawyer.
From August, employees will have a legislated right to disconnect from work. Watch this HR Daily Premium webcast to understand what this means for your organisation.
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