Browsing: Case law (76 items)


FWC upholds sacking for flouting hybrid work policy

The FWC has found that an employer had no reasonable option other than to dismiss a worker who persistently refused to comply with its hybrid working policy, based on his belief that his employment contract provided an "unconditional" right to work from home.


WFH-preserving offer an acceptable alternative: FWC

The FWC has wiped-out the redundancy entitlements of two visa workers who shunned an alternative role that would have enabled them to keep working from their shared apartment.


Reasonable to reject flex-work request: FWC

The FWC has backed an ASX-listed early education provider's decision to reject a worker's request for flexible arrangements to enable her to keep picking up her children from school each day, instead of moving to a less-accommodating rotating roster.


FWC approach to flex requests "disappointing": Expert

The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.


WFH "chaos" over-egged: Lawyer

As a leading employer-clientele lawyer hosed down fears about WFH "chaos" in the wake of the recent Chandler decision, the Greens have introduced legislation giving employees the right to work remotely for at least two days a week unless fulfilling their roles is "impractical or impossible".


Workers can bank on WFH after FWC ruling: FSU

The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".


Flex request not connected enough to caring duties: FWC

The FWC has found a flexible working request invalid, because of its "tenuous" connection to the worker's caring responsibilities and the strain his absence would have imposed on other workers.


Bench confirms power to overrule flexibility knockbacks

A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.


Alternative job unacceptable due to WFH cut: FWC

The FWC has refused to reduce a worker's redundancy payout because the role the employer offered, after outsourcing the company's HR functions, would have paid less and required her to work in the office an additional day each week, despite the informality of her WFH arrangement.


FWC denies flex request due to lack of evidence

A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.


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