Many employees got used to working from home during the COVID-19 pandemic. However, there are rules around eligibility and responsibilities for employees who want to continue the practice and their employers.
Since the COVID-19 pandemic employers have allowed for flexible work arrangements. However, under Section 65 of the Fair Work Act 2009 (Cth) (FWA), only eligible employees can request work from home arrangements from their employer.
The National Employment Standards outline conditions for when an employee who has been employed for at least 12 months can seek a flexible work arrangement. You may be eligible if you fall into one of the following categories:
- a parent of a school-aged child;
- caring for a person with a disability or an illness);
- pregnant;
- at least 55 years of age;
- experiencing family and domestic violence;
- providing care or support to an immediate family or a member of your household who requires care and support due to domestic and family violence;
- a carer.
Employers monitoring employees
Employers will monitor the activity of the employee’s device for those who continue to work from home, to ensure they are appropriately fulfilling their working day.
Dismissal of employees for non-compliance with workplace policies
Further to this, an employer must ensure their direction in regard to flexible work arrangements is aligned with the terms of the employee’s employment contract, their award, enterprise agreement and workplace policies and procedures.
The matter of Diandong Ren v The Commonwealth of Australia as represented by the Bureau of Meteorology T/A Bureau of Meteorology [2023] FWC 3157 concerned the dismissal of an employee working remotely. Commissioner Connolly handed down the decision that failure to comply with policies and procedures, including dishonesty will amount to the termination of employment to be valid as opposed to being deemed ‘harsh, unjust or unreasonable’.
How we can assist employers
If you are an employer looking to establish a work-from-home policy at your workplace, please don't hesitate to contact our employment team.
How we can assist employees
If you are an employee who has been instructed to return to the office or has been dismissed due to conduct while working from home, we encourage you to reach out to our employment team.
You can contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.