Westpac recently lost a Fair Work Commission case after refusing an employee’s request to work closer to home, highlighting the legal risks for employers enforcing return-to-office mandates. The Commission ruled that Westpac’s directive for staff to work in-office three days a week was lawful and reasonable, but the bank failed to follow proper procedures when rejecting the flexible-work request. As a result, Westpac was ordered to accommodate the employee’s arrangement.
Key takeaways for employers:
- Return-to-office policies: Employers can generally require staff to attend the workplace if the direction is reasonable and aligns with employment contracts.
- Individual circumstances matter: Decisions must consider personal factors such as health, caring responsibilities, and prior flexible arrangements.
- Procedural compliance: Even lawful policies can be overturned if employers fail to follow consultation and documentation requirements under the Fair Work Act.
- Best practice: Communicate clearly, consult with employees, and document reasons for any workplace attendance requirements.
This case underscores the importance of balancing operational needs with employee flexibility and legal obligations.