Employee claims it was 'accepted behaviour' among bureau staff
Australia's Bureau of Meteorology (BOM) has terminated a research scientist who was caught lying about his whereabouts while working remotely.
Research scientist Diandong Ren was fired in June 2023 after months-long investigation stemming from his refusal to show up onsite at the BOM's Melbourne office after his approved recreational leave between August 23 and September 16 in 2022.
His supervisor filed a complaint to the BOM saying that he was unresponsive during work hours and alleging that he was still overseas but was falsely representing that he was already in Australia.
Preliminary enquiries ensued in relation to his supervisor's concerns, which revealed that Ren has been accessing his IT account in Austin, Texas, up until September 28.
Ren was then asked to address the reported unauthorised overseas login issues, as well as provide travel records that he has returned to Australia amid concerns that he may have "intentionally misinformed" his supervisor about his whereabouts.
Further misconduct later took place in early 2023 when Ren was being investigated for his actions overseas.
According to his supervisor, Ren sought extended personal/carers leave to visit the US in February 2023, which was denied in light of the ongoing probe against him.
Despite this, Ren became "largely uncontactable from the start of February" and left his laptop in the office. Report of his IT systems access also showed that he was overseas on and from January 20, 2023.
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Accepted remote work practice
During the investigation, the research scientist defended that he accessed the BOM's IT system while in the US because he believed he "had authority to do so."
Regarding concerns about his work location, Ren argued that remote work was a "common practice" and "accepted behaviour" among bureau employees.
He added that he had permission to work remotely and that his delay in returning to Australia was because of a positive COVID test that changed his flight plans.
Ren also attributed his delayed office return to his COVID-like symptoms, stressing that they delays were in "no way contrived or intentional."
On his alleged early 2023 travel, Ren defended that his passport was stolen and was used by someone other than him to travel.
The research scientist raised his termination to the Fair Work Commission (FWC), submitting that his dismissal was "harsh, unjust, or unreasonable."
FWC upholds termination
The FWC, however, sided with the BOM and upheld its decision to terminate Ren. The commission pointed out that if he genuinely planned to return onsite but was held back by reasons for his control, he would have explained it to his employer at the time.
"It was only when prompted by his employer's enquiries as to his whereabouts did Mr. Ren seek to provide any explanations for his reasons include travel delays, COVID-like symptoms and a positive PCR test," the FWC said in its ruling.
The FWC also did not accept that Ren had permission to access his employer's IT systems from overseas but acknowledged that the research scientist had no ill intent when he did so.
"While Mr. Ren's intentions may have been honourable in these circumstances, it is not for him to decide when and from where he can access the employer's IT networks, without prior approval," the FWC said.
The commission also did not accept Ren's defence of stolen passport and identity theft in relation to his early 2023 travel.
"I am satisfied his employer was justified in considering these further allegations of misconduct in its decision to terminate his employment," the FWC said. "For the reasons set out above, I am satisfied that there was a valid reason for the Respondent to bring Mr. Ren's employment to an end."
Better dialogue needed
Employment Hero CEO Ben Thompson said the case highlights the need for better dialogue in the workplace around flexible work.
"I in no way endorse the behaviour of former BoM employee Diandong Ren, but this latest case is another telling example of why employers and employees need better dialogue around flexible work," Thompson said in a statement.
"The best employment relationships are grounded in trust and transparency on both sides, not secrecy or an unwillingness to accommodate greater flexibility."
Employment Hero is among the many employers across the world that has allowed some of its staff to work remotely overseas, and Thompson said employers can implement necessary protections if they know when and where employees are working.
"For us, being remote-first isn't a gimmick or a money-saving exercise. Not only does it allow us to access the best talent from a global rather than local talent pool, it essentially lifts a huge weight off our employee’s shoulders by giving them freedom and flexibility. Our growth has been because we are a remote business, not despite it."
This year, Thompson said the focus for employers is to create an environment that employees want to work in.
"It'll be about building a culture that resonates with employees, whether they are in the office or working remotely. The future of work, instead of focusing on where the work is done, will be underpinned by models that allow convenience and collaboration," he said.