Posts: request refused

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request refused

FWC rejects WFH request for employee with primary caring responsibilities

Caring is sharing

In a recent decision of the Fair Work Commission, an employer has had its reasons for refusing a flexible working arrangement request upheld on the basis that the employee’s primary caring responsibilities created a risk to the accurate and efficient performance of his duties.

Employer refused flexible working arrangement request on reasonable business grounds

Fairness over flexibility

Section 65A(5) of the Fair Work Act 2009 (Cth), outlines the non-exhaustive list of reasonable business grounds that employers may consider when refusing a flexible working arrangement request, most commonly considering the cost, practicality and capacity of the employer to accommodate the request.

Commission finds employer reasonably refused flexible work request, despite employee’s unfortunate circumstances

A difficult refusal

An employer may only refuse an employee’s request for a flexible working arrangement if it has “reasonable business grounds” to do so. The test for what constitutes reasonable business grounds is objective and will depend on the individual circumstances.