Browsing: Case law (69 items)


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.


Taxman failed to respect ASU's representative role: FWC

The FWC has found the ATO failed to respect the ASU's role as the representative of a legally blind worker called into a meeting to discuss a request the union made on his behalf for a 100% WFH flexibility arrangement, to avoid the need to take public transport.


WFH condition "trade offs" would cost working women: Report

A model working from home clause in a key award should avoid contributing to remote workers working "long and unsociable hours", address employer provision of equipment and apply to all employees, according to a Centre for Future Work report.


FWC upholds sacking for defying lawful direction

A worker who insisted on toiling from his hospital bed almost immediately after bowel surgery has failed to overturn his dismissal for repeatedly flouting a direction to work within ordinary hours.


Thin blue line risked red line in WFH case: FWC

The FWC has pointed to a Victoria Police branch's brush with the "red line threshold" for public sector service delivery as reinforcing the business case for rejecting a prosecutor's request to work from home on Mondays.


WFH conciliation cancelled after leak to media

A FWC full bench led by President Adam Hatcher has abruptly ended conciliation of the crucial clerks award WFH case after a "highly regrettable" leak of confidential information to the media, while issuing a broader warning that participants should respect processes conducted behind-closed-doors.


Disease risks outweigh back-to-office directive: FWC

A Metcash coordinator working from home since she started her job during the coronavirus pandemic has won rare flexibility orders requiring the distribution giant to exempt her from a directive to return to the office, so she can minimise risks for her child with cystic fibrosis.


WFH "preference" doesn't cut it with FWC

The FWC has made it clear that a "mere preference" for working at home without providing sufficient evidence of responsibilities or needs will not pass the first hurdle for a flexible work order.


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