New mum's request for part-time work leads to unexpected workplace dispute

The Fair Work Commission (FWC) recently dealt with a case involving a worker who claimed she was dismissed after requesting flexible work arrangements upon returning from parental leave.

The worker had sought to return to work on a part-time basis to manage childcare responsibilities for her young child.

The employer argued that the worker had repudiated her employment contract by refusing to return to full-time work as required, claiming there was no dismissal but rather termination at the worker's initiative.

The worker maintained she was actively communicating with the employer and seeking alternative arrangements, demonstrating a clear intention to return to work.

Employment background and parental leave arrangements

The worker was engaged as a full-time spare parts interpreter on 19 September 2022. Prior to taking parental leave, she usually worked 40 hours per week, Monday to Friday, from 7:30am to 5:00pm. In November 2023, the worker went on parental leave following the birth of her child.

When the worker started her parental leave in November 2023, the parties had different understandings about the duration - the worker understood it was for 12 months, while the employer thought it would be six months. This misalignment was addressed between the parties in May 2024 and the worker's leave was ultimately extended to 12 months.

In September 2024, the worker explored the option of taking a...

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