Remote and hybrid work are no longer perks — they’re embedded expectations (including amongst the talent pool of desirable candidates), and in some cases, legal rights.
Flexible work is here to stay, and we are observing a consistent judicial approach to disputes about flexible working — characterised by a shift in favour of employees. However, these arrangements are not an invitation for employees to take their foot off the pedal and employers ought to be equipped to deal with productivity and efficiency concerns when they undoubtedly arise. On 3 March 2026, the Victorian government took a bold step in this direction, confirming it will introduce legislation in July 2026 which, if assented to, will enshrine a right for employees, where reasonable, to work from home two days per week, from 1 September 2026.
When flexibility involves remote working, businesses are entitled to take steps to ensure productivity and monitor employees’ work output/conduct when not physically in the office. Having said that, in doing so employers must be mindful of whether such measures encroach on work health and safety, and an employee’s right to privacy (including the newly introduced statutory tort of “serious invasion of privacy” addressed further below), which may narrow the scope for close remote/digital employee oversight.
Employees’ rights to flexibility and pathways to request hybrid or alternative work design (including remote working arrangements) are...
exporters knowingly avoided U. S. duties on Asian and European flat-rolled steel products, agreeing to pay $19 million to resolve the dispute, according to a press release issued Wednesday by the U...