A decision by the Fair Work Commission provides important reminders to employers when dealing with flexible work arrangements
The decision of the Fair Work Commission (FWC) in the case of Karlene Chandler v Westpac Banking Corporation has demonstrated that, in the right circumstances, and where requests are handled poorly, employees can exercise significant power in making ‘working from home’ flexibility requests. Notwithstanding that the case has been hailed as a ‘fantastic win’ by unions, it is, as is typical, a case that is confined to its own unique facts.
The employee, who had moved a considerable commute away from Sydney and had ‘school drop-off’ responsibilities for her children, sought an order that she be allowed to work from home full time.
Westpac, claiming that some ‘in person’ office attendance was required for efficiency and collaboration purposes, sought to implement a policy requiring the employee to attend the corporate office two days per week.
Following a hearing, the FWC’s Roberts DP granted the employee’s request that her flexible working arrangement (FWA) be approved.
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