Employment lawyer tells HRD there are several pitfalls that could be costly
Working from home requests are now part of the workplace but a partner at an Australian law firm told HRD that flexible work requests can create legal pitfalls for employers.
“They [employers] aren’t all aware of the procedural requirements within the Fair Work Act, which can land them in trouble legally,” Sally Moten, Partner and Practice Group Leader at Lander and Rogers, said.
“Yes, you must respond in writing within 21 days of the request – but there are also other things that need to be considered. Not only does the Fair Work Act only cover certain groups of employees, outlined in Section 65, but the employer must do other things like meet with the worker in question to genuinely try to reach an agreement that accommodates them,” she added.
The word ‘genuinely,’ Moten noted, can be where employers trip up – as she says this is much more than just a chat about what they want and why it can or cannot be approved.
“It’s a real problem-solving activity. It can’t be done over Teams or over a text, for example. There must be a genuine workaround that both parties have actively contributed to – many employers and managers wont necessarily understand the importance of this, because they can be busy with other tasks.”
Moten cited a recent case in the Fair Work Commission (FWC) where the commission ruled that the employer was unsuccessful in its...
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