Worker refuses office role due to long commute as business shifts operations
16 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim that highlighted the intersection of remote work arrangements and genuine redundancy.
A worker challenged their employer's decision to terminate their position, arguing they had been unfairly targeted despite being a strong performer who brought in substantial revenue.
The worker had performed their duties from home since the COVID-19 pandemic began. In February 2025, they received notice that their position was being made redundant, with only three days before their employment would end.
This sudden termination led the worker to question whether the redundancy was genuine or whether they had been singled out.
The employer defended the decision as a legitimate redundancy driven by operational necessities. They argued that changing business requirements meant the worker's role was no longer needed.
The worker had been employed as a team leader in the company's health insurance business, supervising sales consultants who also worked remotely. This arrangement had functioned since the pandemic forced many businesses to adopt home-based work models.
On 25 February 2025, the worker received written notice stating their position was redundant and employment would end on 28 February 2025.
In challenging the redundancy, the worker pointed to their strong performance...
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