As the COVID-19 pandemic swept across Australia, working from home became a new norm. However, with the gradual easing of the pandemic, a staggering 90% of Australian employers have reintroduced mandatory in-office days. For example, the Commonwealth Bank recently mandated that its employees return to the office 50% of the time. This shift has left many employees dissatisfied, with many considering leaving their employer. But what about the rights of Australian workers? Do they have the right to work from home?
Thanks to the ABC, Legal 123, and the Australian Financial Review, we explore whether Australian workers have the right to work from home.
Do Australians have the right to work from home?
The short answer is no: Australians do not have the right to work at home. However, the reality is more complex than that.
All employees are required to follow lawful and reasonable directions from their employer.
Courts have ruled that this is part of every employment contract.
A requirement that employees perform their roles in the office would usually be considered lawful and reasonable as long as the workplace is considered safe.
The Fair Work Ombudsman also advises that employers consult with employees about changes to remote work policies.
Failure to comply with a direction to return to the office could result in the termination of your contract.
However, working from home is often encouraged in the public service. More than half of public service workers recently backed a new three-year pay deal that removed all work-from-home restrictions. Most public service roles offer flexible working options and encourage employees to discuss flexible work with their manager. While some federal government agencies mandate two or three days in the office per week, more than half of Australian Public Service employees have flexible working-from-home arrangements.
There is legislation in place that grants all workers the right to request flexible work under specific circumstances. If you have a disability or medical condition, are over 55, are experiencing family violence, are pregnant, or need to care for a child, and can effectively perform your role from home, you have the right to request flexible work. In such cases, your employer can only refuse on reasonable business grounds.
Can employers change their minds about working from home after they’ve hired you?
For many, the ability to work from home is becoming a critical factor for employees when determining whether to accept job offers. Unfortunately, some workers have been offered positions on the understanding that they would be allowed to work from home, only to be then made to come into the office.
What are their rights?
In this case, it is all about the wording of your employment contract. Even if you are promised the opportunity to work from home in a job interview, you will still need to check the wording of your employment contract.
However, employers that do this should be careful as it will damage their reputation and affect their ability to attract and retain top talent.
In general, employees don’t have the right to work from home, except in special circumstances. However, flexible working arrangements are available for many in the public service. Therefore, for those who want the benefits of working from home, a career in public service could be for you.
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