Victoria’s landmark plan to give workers a legal right to work from home is being hailed as a win for carers but warned it could unleash a surge in workplace disputes, higher insurance costs and new legal risks for employers
Victoria’s move to legislate a right to work from home for employees whose roles can be performed remotely is being hailed as a potential lifeline for carers and families – but legal experts warn it could unleash a wave of new workplace disputes, higher insurance costs and fresh pressure on already stretched courts and tribunals.
Under the Victorian Government’s proposal, eligible workers will gain a legal entitlement to work from home at least two days per week, regardless of the size of their employer. The state will be the first jurisdiction in Australia to enshrine work‑from‑home (WFH) rights in law, a step many expect to become a template for other states and territories.
Tinashe Makamure, a special counsel in Barry Nilsson’s Insurance & Health practice specialising in employment law, said the changes are likely to open the door to more litigation as both employers and employees test the new boundaries.
“We would expect an initial moderate increase, however over time we would anticipate a more significant rise, as people work out how the laws work in practice,” Mr Makamure said. “There is potential for actions brought by or on behalf of classes of workers who may have different views to their employers as to whether their jobs can be done from...
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