Browsing: Case law (92 items)


Flex work request lacked nexus with disability: FWC

The FWC has thrown out a worker's flexible work bid after she attempted to "call in" older medical documents and conceded she had not been diagnosed with the disability identified in her request.


Safety grounds bolster council's flex request refusal: FWC

The FWC has upheld a council's decision to refuse a worker's flexible work request, finding it had reasonable business grounds to align rosters with its revised operating hours and increase employee presence for safety reasons.


FWC rejects flex bid to ease retirement transition

The FWC has taken on board a FIFO Shell worker's failure to attend physiotherapy appointments after breaking his back, in dismissing a dispute over the flexible work job-share bids he and a colleague lodged to ease their way into retirement.


Miner entitled to refuse parental leave extension: FWC

The FWC has backed Whitehaven Coal's refusal to extend unpaid parental leave for a data reporting specialist, in a landmark decision referring to her "bespoke knowledge" and psychological concerns for colleagues dealing with burgeoning workloads.


Safety policy a working "arrangement": FWC

In a decision further expanding the breadth of flexibility requests, a senior FWC member has "with some hesitation" found that a warehouse's ban on mobile phones falls under the statutory definition of a "working arrangement" that can be changed.


Reasonable to reject 100% WFH bid: FWC

A federal authority's concerns that a dispute resolution specialist will miss out on face-to-face connections by working from home 100% of the time while looking after his child are among reasonable business grounds for refusing his request, the FWC has held.


Mentoring needs justified flex request denial: FWC

A council's desire to have a senior planning team member pass on his wisdom in-person provided reasonable business grounds to refuse his request to work at home for all but six days a month, the FWC has found.


Partial back-to-office trial for 100% WFH carer

The FWC has endorsed AGL's grounds for rejecting a customer service consultant's flexible work request, but nevertheless ordered it to conduct a trial requiring her to attend the office for four hours on just 12 occasions over six months so she can continue to care for her incontinent, dementia-affected mother.


"Focus" requirement thwarts WFH bid

In a significant ruling on applications to work from home, the FWC has agreed with a multinational company's claim that its payroll officer could not devote sufficient attention to "complex" tasks while caring for two children under five.



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