Case law page 1 of 4

37 articles are classified in All Articles > Flexible work > Case law


Payouts cut after workers refuse 100% WFH restructure

The FWC has reduced the redundancy entitlements of five former employees of online trading platform Bartercard after they refused new positions requiring them to work exclusively from home and to fork out the full cost of setting up an appropriate space.

Payout for WFH worker forced back to office

The FWC has awarded compensation to an accounts assistant who said she could not return to the office after working from home for almost a decade, while her employer maintained that the arrangement only began with the pandemic.

Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

FWC bench rules on first Secure Jobs flexible work dispute

In the first FWC full bench consideration of Secure Jobs Act flexible work dispute provisions, a worker's application has fallen at the first hurdle because she failed to provide her employer with written reasons and offered "unsatisfactory" evidence about her alleged disability.


WFH employee's "low" keystrokes justified sacking: FWC

The FWC has upheld a major insurance provider's sacking of a work-from-home employee whose keystrokes data revealed inactivity 90% of the time, finding her circumstances "all the more regrettable" given her previous long history of satisfactory service.

FWC bench seeks to highlight new workplace dispute "avenues"

Interested parties have until June 16 to respond to a FWC bench's proposal to amend model award terms to highlight the two "alternative and parallel avenues" now available to resolve disputes over flexible work and unpaid parental leave requests.

Award changes better way to get wages moving: Woolies

Woolworths has called for the Albanese Government to initiate an urgent "proactive review" of the retail award, arguing it would produce better outcomes for their predominantly female workforce than a shift to multi-employer bargaining.

"Bleak" safety picture derails constable's flex request

The FWC has upheld Victoria Police's rejection of a transit officer's flexibility request because it would exacerbate already "bleak" safety issues arising from understaffing in Melbourne's most crime-affected region.

Flexibility bid driven by antipathy to virus jab: FWC

The FWC has observed that a Victorian worker's application to work full-time from home under flexible work arrangements was largely motivated by her opposition to COVID-19 vaccinations, in upholding her employer's refusal of her request.