Employer loses decision in flexible work dispute

Recently, the Fair Work Commission (FWC) had to step in and arbitrate a dispute

The dispute over flexible working arrangements between a part-time employee and FedEx Express Australia saw the employee wanting to work from home four days a week to care for his family, all of whom suffer from disabilities. FedEx agreed to let him work from home for two days but insisted on three days in the office, arguing that fewer in-office days would impact collaboration and productivity.

The FWC found that neither side was fully in the right.

The employee had been working from home exclusively for seven months, refusing to return to the office and assuming he had the right to continue this arrangement without official approval. On the other hand, FedEx failed to provide specific, substantial reasons for why full-time remote work would harm the business, relying instead on generic HR responses that didn’t address the employee’s unique circumstances.

In the end, the FWC ruled that the employee must return to the office one day per week but allowed him to work from home for the remaining three days. This arrangement is temporary, with a three-month review period to assess both the employee’s situation and the company’s operational needs.

This case is a reminder

This case should serve as a reminder, that when handling flexible work requests, businesses need to be clear, specific, and considerate in their responses. It’s not just about saying “no”—it’s about providing well-thought-out, reasonable grounds that consider both business needs and personal circumstances. And for employees, it’s crucial to communicate openly with your employer about your needs and not make assumptions about entitlements.

See the full decision, here. 

Are you prepared to handle requests for flexible work arrangements properly? Ensuring you have a solid understanding of your obligations can save you a lot of trouble down the line. Reach out to The HR Cartel on 1300 138 211 or contact us here.