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.
While accepting an employer was entitled to issue a return-to-office directive, the Fair Work Commission has nonetheless ordered it to grant an exemption to an employee who requested to keep working remotely.
Employees must establish a clear nexus between their obligations as parents of school-age children and their desired working arrangements, rather than simply rely on their parenting status, if they expect to win disputes over flexible work refusals, a new ruling shows.
Some employers are now realising they've "gone too far" in adding flexible work terms to their enterprise agreements, and rolling them back isn't going to be easy, a workplace relations specialist warns.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
