Can I refuse a WFH request?
Times have changed since pre-COVID days. Employers are more and more needing to meet requests to work from home.
Author: Clarissa Sempel
5 July 2022
The reasons for each employee are different. Some enjoy the flexibility, or get more “time back in the day” because they don’t need to travel.
But the question employers are asking us is: “Can I refuse that request?”
A recent case in Queensland saw a business successfully refuse an employee’s request to work from home (Hair -v- State of Queensland (Queensland Health)(2021) QIRC 422).
Prior to the employee’s request (and during the pandemic), the employee had worked from home for approximately 18 months, only attending the workplace on three occasions. The employee requested flexibility to work from home due to their partner obtaining employment out of State.
The employer rejected the request with detailed reasons. On application to the QIRC, it was found that the request was fairly and reasonably refused on the basis that:
- The employee was employed in a HR role;
- At times, an office or in-person presence is more appropriate and/or productive manner to provide HR services;
- There was a concern that, working remotely, the employee would be unable to provide timely support or attendance at meetings on short notice; and
- The employer anticipated that there would be a transition back to face-to-face work.
The takeaway here is that there are circumstances that a refusal for remote working can be reasonable, but each alternative must be carefully explored by the employer prior to providing any refusal, and any refusal should be provided with reasons.
As an employer, you should consider the employee’s position, tasks, and proposal.
At ALG, James Welch (Director) or Clarissa Sempel (Associate) can bridge the gap for your employment questions to add structure and clarity within your business.
If you are interested in speaking with James or Clarissa, please contact us for your free initial consultation addressing your business law needs on 02 4220 7100, by email lawyers@alg.com.au, or here.
You can also read more on requests for flexible working arrangements in our article “Flexible Working Arrangements – Can I ask for One?”.
