Industrial relations commission rules that employer's decision was 'fair and reasonable'
The Queensland Industrial Relations Commission (Queensland IRC) has ruled that the decision of an employer to reject an employee’s request to work “fully remotely” was “fair and reasonable”.
The employee works for Queensland - Health as human resources advisor and acting workplace relations advisor at two hospitals. She provides HR services in multiple locations, including secured mental health facilities, correctional centres and youth-based detention centres.
In January 2020, the HR manager approved a flexible working arrangement that covered the employee. After a few months, the latter started working remotely on a full-time basis.
After a performance review that said that the employee “exceeded or met all leadership standards,” she raised “how important it was for her to continue working remotely.” She then formally submitted a request which asked for “flexible working arrangements” and her retention as a remote worker. She reasoned that her partner was starting a job and wished to relocate.
The HR manager denied the request following several considerations, including “the principle of flexibility” and the employee’s “nature of work.” In a letter addressed to the employee, the HR manager said that the initial flexible arrangements were “largely a response to the urgent need to limit the number of people in the workplace due to a public health emergency.”
As to the nature of the employee’s work, the HR manager acknowledged that she could accomplish tasks in online environments, but the HR manager said that there are elements of her work that “would be very difficult to do remotely,” such as in-person attendance on interview panels and in-person assistance to clients, among others.
The employee appealed the matter to the Queensland IRC, alleging that the HR manager’s decision was “unfair and unreasonable.” She said that the HR manager was “unable to formulate reasonable grounds as to why the arrangement would not be successful and has based [the decision] on hypothetical issues.”
The Queensland IRC ruled in favour of the HR manager and said that the approval of the request “would be unviable from a practical and operational perspective.” It also said that the employee’s nature of work “sets an expectation” for her to “make [herself] available for in-person assistance.”
Thus, the Queensland IRC decided that the decision was fair and reasonable in rejecting the employee’s flexible work request.
The decision was delivered on December 10, 2021.
