A settlement has been paid. A release has been signed. Surely that means the dispute is over?

Not necessarily.

A recent Victorian decision provides an important reminder that a settlement only resolves the claims captured clearly by its terms. If the release is confined to one proceeding or one area of law, another existing claim arising from the same events may still continue.

The Case

The worker had two different legal proceedings arising from the circumstances of her employment.

One was a common law damages claim brought in the County Court under Victoria’s Workplace Injury Rehabilitation and Compensation Act, known as the WIRC Act.

The other was a proceeding in the Victorian Civil and Administrative Tribunal under Victoria’s Equal Opportunity Act. That proceeding included serious allegations of workplace misconduct and discrimination connected with pregnancy and the subsequent termination of the pregnancy. These remain allegations. The Tribunal’s decision was about whether the proceeding could continue, not whether the allegations were established.

Importantly, the Equal Opportunity Act proceeding had been filed in October 2021. It was therefore already underway before the workers’ compensation matter was settled and the release was signed in January 2026. The employee did not sign a release and then commence a new discrimination proceeding.

The County Court claim settled for $362,500. The employer and other respondents then argued that the release signed as part of that settlement also prevented the worker from continuing her Equal Opportunity Act proceeding.

VCAT did not accept that argument.

The Background

This case is easier to understand when the two proceedings are separated.

The County Court claim

The County Court proceeding was a workplace injury claim under the WIRC Act. It sought common law damages for injury, including damages for pain and suffering and economic loss.

The release referred specifically to that legislation and defined the relevant claim by reference to the application for common law damages under the WIRC Act.

The VCAT proceeding

The VCAT proceeding was brought under the Equal Opportunity Act. It concerned alleged breaches of statutory protections relating to workplace discrimination and other alleged unlawful conduct.

Pregnancy is a protected attribute under Victoria’s Equal Opportunity Act. The discrimination component of the proceeding concerned the worker’s allegation that she had been treated unlawfully because of her pregnancy and its subsequent termination. The available reporting does not provide enough detail to say precisely what treatment or employment decisions formed that part of her case, so it would not be appropriate to speculate.

The important legal distinction is that this was a statutory discrimination proceeding, not a common law damages claim under the workers’ compensation legislation.

Although the two cases arose from related workplace circumstances, they existed under different legislation, pursued different legal rights and could provide different remedies.

That distinction became decisive.

Why the Release Did Not Stop the Other Proceeding

The release said that the worker would not bring further claims or legal proceedings concerning the matters that were the subject of the defined claim.

The respondents argued that this wording was broad enough to end the Equal Opportunity Act proceeding as well.

VCAT Member Michael Bevan found that, read as a whole, the release was confined to the WIRC Act claim and its associated common law damages. The definition of “claim” did not include statutory claims arising from the events and did not expressly identify the Equal Opportunity Act proceeding.

The Tribunal also rejected the argument that the worker needed to have expressly carved out her right to continue the discrimination claim. On VCAT’s interpretation, the Equal Opportunity Act proceeding was never captured by the release in the first place. There was therefore no need to exclude it.

There was another practical problem. A director who was a respondent in the Equal Opportunity Act proceeding was not included in the release. The Tribunal considered this a further indication that the parties had not intended the release to bring the whole Equal Opportunity Act matter to an end.

The respondents therefore failed to establish that continuing the VCAT proceeding was an abuse of process. The underlying claims can now continue to be heard, but their merits are still to be determined.

How To Do It Better

The lesson is not that every release must contain one sweeping sentence releasing “all litigation”.

The lesson is that the parties must be absolutely clear about what is being settled, which claims are being released, which proceedings are being discontinued and who receives the benefit of the release.

Before finalising a settlement, employers should identify:

• every current legal proceeding;
• every actual or reasonably contemplated cause of action;
• the different jurisdictions involved;
• each individual and entity that needs to be protected;
• whether existing proceedings must be withdrawn or discontinued;
• whether the release covers common law, statutory and equitable claims;
• whether any claims are deliberately excluded; and
• whether the wording accurately reflects the settlement the parties have negotiated.

This matters because one workplace dispute may involve several independent legal pathways. A workers’ compensation damages claim, discrimination proceeding, general protections application or another statutory claim may arise from overlapping facts, but that does not automatically make them the same legal claim.

A release drafted around only one proceeding may settle only that proceeding.

The Bloom HR Take Away

A significant settlement payment does not, by itself, buy finality.

This employer had paid $362,500 to settle a common law workplace injury claim, but the release was interpreted by VCAT as being confined to that claim. It did not expressly dispose of the separate Equal Opportunity Act proceeding that was already on foot.

The decision does not determine whether the worker’s underlying allegations are true. What it determines is that the release did not prevent those allegations from proceeding to be heard.

For employers, the practical message is clear: never assume that settling one claim resolves every legal issue arising from the same workplace events.

If the commercial intention is to settle all litigation between the parties, the document needs to clearly identify:

the claims, the legislation, the proceedings, the parties and the intended scope of the release.

It should also deal expressly with the withdrawal or discontinuance of every existing proceeding intended to form part of the settlement.

Before signing, ask:

Does this document clearly end every proceeding we intend to settle, or does it only release the claim named in the document?

If the answer is not immediately clear, the release is not ready to be signed.

Bloom HR supports organisations to navigate complex workplace matters, strengthen their people practices and reduce uncertainty before disputes escalate. For a free and confidential 30 minute consultation use this link to schedule a time with our Founder and CEO Natalie Carrington.

The post Fair Work Friday: A $362,500 Settlement Did Not End the Litigation appeared first on Bloom HR.

These situations often involve long-term illness, workplace injuries, psychological injuries or extended periods of absence. They are emotionally difficult, legally complex and rarely come with a clear answer.

Many employers assume they need a doctor to declare an employee “permanently incapacitated” before termination can be considered.

Recent Fair Work Commission decisions suggest that isn’t the real test.

The real question is whether the employee can perform the inherent requirements of the role, with reasonable adjustments, and whether there is a realistic pathway back to doing so.

Two similar cases. Two different outcomes.

The dismissal that was upheld

In Daunis v Rivercity Ferries Pty Ltd, the employee could not safely perform the physical requirements of her role and any return depended on future surgery with no reliable timeframe or evidence that it would restore full capacity. The employer considered adjustments but demonstrated they would not overcome the essential requirements of the job. The Commission upheld the dismissal.

The dismissal that wasn’t

In Grujicic v Lineage Aust Trs Pty Ltd, the employee’s specialist said he was fit for full-time work and recommended a trial to determine his actual capacity. The employer dismissed him before that trial occurred. The Commission found the employer had reached a conclusion that the medical evidence did not support.

So what does Fair Work actually look at?

The lesson from these cases is not that employers must wait forever.

It’s also not that an IME automatically creates a pathway to termination.

What Fair Work appears to be looking for is whether the employer has enough evidence to make a reasonable decision.

Before terminating, employers should be able to answer:

• What can the employee do today?
• What can’t they do?
• What do the medical specialists actually say?
• What reasonable adjustments have been considered or trialled?
• Is there a realistic pathway back to performing the role?
• If there is, what is the timeframe?
• If there isn’t, what evidence supports that conclusion?

The more clearly an employer can answer those questions, the stronger the decision is likely to be.

How far do reasonable adjustments go?

Employers must genuinely consider reasonable adjustments.

That might include modified duties, altered hours, workplace modifications, graduated return-to-work arrangements or assistive equipment.

However, employers are generally not required to:

• remove the core duties of the role permanently;
• create a new position that does not exist;
• indefinitely transfer essential duties to other employees; or
• continue arrangements that are no longer workable.

Importantly, what is reasonable may look very different between organisations.

A large employer with significant resources, redeployment opportunities and multiple teams may be expected to accommodate restrictions for longer than a small organisation with limited staffing, limited budgets and no alternative positions available.

That does not mean larger employers must accommodate indefinitely, nor does it mean smaller employers can terminate simply because arrangements are inconvenient.

It does mean Fair Work will often assess reasonableness in the context of the employer’s size, resources, operational realities and ability to sustain the arrangement.

Is it different when it’s a workplace injury?

Often, yes.

A non-work-related medical condition is usually a capacity issue.

A workplace injury can be a capacity issue, a workers compensation issue, a return-to-work issue and sometimes a workplace rights issue all at the same time.

That is why workplace injury cases tend to carry higher risk and require much greater care before termination is considered.

The Bloom HR takeaway

If you’re looking for a simple answer to:

“When can I terminate?”

Unfortunately, there isn’t one.

There is no point where an employer can simply decide they have waited long enough.

Every case turns on its own facts, its own medical evidence, the role involved, the availability of reasonable adjustments and the resources of the employer.

The safest approach is not to ask:

“Can we terminate?”

The better question is:

“Do we have enough evidence to reasonably conclude there is no realistic way for this employee to perform the role?”

If you’re not sure of the answer, you’re probably not ready to make the decision.

That’s why capacity-based dismissals are one of the few areas of employment law where getting advice before acting is almost always more effective than defending the claim afterwards.

Here to help

Managing a long-term illness, psychological injury or workplace injury matter?

Before moving towards termination, make sure your medical evidence, assessment of reasonable adjustments and consultation process are as strong as your intentions.

Bloom HR supports employers across Australia to navigate complex capacity, fitness-for-work and return-to-work matters with confidence, compliance and compassion.

We offer a complimentary 30-minute consultation with our Founder and CEO, Natalie Carrington.

Schedule a consultation

The post When is it fair to terminate an employee who can no longer do the job? appeared first on Bloom HR.

Procedural fairness is one of the first things employers learn about managing misconduct and performance issues. Employees should understand the concerns being raised, be given an opportunity to respond and have that response genuinely considered before a decision is made.

That remains best practice and, in most cases, the safest approach. However, procedural fairness is not a standalone test that automatically determines whether an employer wins or loses an unfair dismissal claim. It is one of several factors the Fair Work Commission must consider when deciding whether a dismissal was harsh, unjust or unreasonable.

Those factors include:

• whether there was a valid reason for dismissal relating to the employee’s capacity or conduct;
• whether the employee was notified of that reason;
• whether the employee was given an opportunity to respond;
• whether the employer unreasonably refused a support person;
• whether the employee had been warned about unsatisfactory performance, where relevant;
• the size of the employer’s business;
• whether the employer had dedicated human resources expertise; and
• any other circumstances the Commission considers relevant.

The safest course is to address all of these factors. However, the Commission does not simply work through the list like a checklist to determine that all elements have been ticked. It considers and balances all the circumstances before forming an overall view about whether the dismissal was fair.

There are principles, but very few absolutes in employment law. Reasonable people can read the same legislation and the same set of facts and reach different conclusions about whether a dismissal was harsh, unjust or unreasonable. The challenge is not just knowing the law, but understanding how it may be applied when a Commissioner weighs all the circumstances in each case.

The Case

In Raghib v Stantec Australia Pty Ltd, a Senior HR Business Partner found himself on the other side of a workplace investigation after complaints were made about his conduct, including allegations of sexual harassment. The employee denied the sexual harassment allegations, and the Commission was ultimately not satisfied that the alleged sexual harassment itself had occurred. However, what the employee did after learning about the complaints became central to the case.

After becoming aware that a female colleague had made a sexual harassment complaint against him, the HR Business Partner contacted her directly. He later relied on what he claimed was a text message from another complainant, in which she appeared to admit that she had been persuaded to make allegations against him in return for having her employment confirmed. If genuine, that message could have seriously undermined both the complainant’s credibility and the integrity of the disciplinary process.

The complainant denied sending the message and produced telephone records showing that no message had been sent from her phone to the employee’s personal or work phones. The Commission ultimately concluded that the message was fabricated and intended to discredit the complainant and undermine the disciplinary process. It also found that the employee’s direct contact with the woman who had made the sexual harassment complaint was inappropriate.

These were not findings of a minor lapse in judgement. For any employee, fabricating evidence during a workplace process would represent a serious breach of trust. For a senior HR professional who understood investigations, confidentiality and the importance of protecting complainants, the conduct went directly to the integrity required of the role.

Stantec dismissed the employee, who then lodged an unfair dismissal application. Deputy President Ian Masson found that Stantec had valid reasons for dismissal based on the employee’s contact with the sexual harassment complainant and the fabricated text message. However, the Deputy President also identified a significant problem with Stantec’s process: the employee had not been notified of all the reasons ultimately relied upon and had not been given an opportunity to respond to them before the dismissal ie procedural fairness.

Despite those procedural fairness failures, the dismissal was upheld. The Deputy President found that the seriousness of the misconduct outweighed the deficiencies in the dismissal process and rejected the unfair dismissal claim. The employee appealed, but the Full Bench refused permission to appeal, leaving the original decision in place.

The Background

What makes the Stantec decision so useful is that employers do not always receive the same outcome when procedural fairness has not been followed. In other cases, employers have lost an unfair dismissal case because there was lack of procedural fairness.

In Bostock v Austmont Pty Ltd, the employer dismissed a factory foreman who had been absent from work because of a persistent medical condition. The Commission accepted that the employee’s incapacity provided a valid reason for dismissal. However, the employer had not notified him of the proposed reason before dismissing him and had not given him an opportunity to respond. Even though his response may not have changed the employer’s ultimate decision, the absence of procedural fairness contributed to the dismissal being found unfair.

The conduct, context and balance were very different from Stantec. Bostock was not a case involving dishonest evidence or an attempt to undermine a sexual harassment investigation. It concerned an employee’s capacity to perform his role, and the employer made its decision without first involving him in a fair process. In those circumstances, procedural fairness carried considerable weight.

In Stephen Burley v Cleanaway Operations Pty Ltd, a waste collection driver used a mobile phone while operating a heavy vehicle. He admitted the conduct, which was captured on CCTV, and the Commission accepted that Cleanaway had a valid reason for dismissal. However, the dismissal process contained significant procedural deficiencies. The decision records that the employee was reinstated, without an order restoring his lost pay, after the dismissal was found harsh, unjust and unreasonable.

Again, the balance was different. Burley had a long service history, expressed remorse and explained the personal circumstances surrounding the calls, which related to his elderly mother’s health. Material about the proposed dismissal had progressed through senior management before Burley had the opportunity to respond that provided evidence that a decision was made by the company to dismiss before giving the employee the opportunity to respond and to consider his response. In this case the dismissal was deemed harsh and unfair.

These decisions were all made under the same legislative framework, and each employer had a valid reason for dismissal. Yet the outcomes were different because the Commission was required to consider the whole picture. In Stantec, deliberate dishonesty and conduct undermining a sexual harassment process outweighed the procedural deficiencies. In Bostock and Burley, the process failures carried substantially more weight when considered alongside the nature of the reason, the employee’s circumstances and the employer’s decision-making.

How to Do It Better

A dismissal should never be approached on the assumption that procedural fairness can be skipped because the conduct appears serious. That would take the Stantec decision well beyond what it establishes and expose an employer to unnecessary risk.

The safer and more defensible approach is to:

• investigate the concerns properly;
• distinguish allegations from established facts;
• clearly explain the concerns and the possible consequences to the employee;
• provide a genuine opportunity to respond;
• remain open to the possibility that the response may affect the outcome;
• consider relevant personal circumstances, service history and comparable cases;
• involve an appropriate support person if requested; and
• document both the evidence and the reasoning behind the decision.

Employers should also remember that organisational context matters. The Commission is required to consider the size of the business and the presence or absence of dedicated HR expertise because these factors may affect the procedures followed. A small community organisation without internal HR capability may not run a process with the same sophistication as a large employer with an experienced HR team. That does not remove the obligation to act fairly, but it can form part of the Commission’s broader assessment.

The lesson to take away is not that procedural fairness is optional. It is that procedural fairness is part of a balancing exercise. Sometimes a deficient process will be decisive. In more exceptional circumstances, as Stantec demonstrates, misconduct may be so serious that it outweighs the employer’s procedural failures.

The Bloom HR Takeaway

At Bloom HR, we are constantly scanning Fair Work Commission decisions to understand how employment law is being interpreted and applied. The legislation provides the framework, but decisions such as Stantec, Bostock and Burley show how much can depend on the facts, the process followed and the weight a Commissioner gives to each consideration.

Keeping across these decisions helps us give clients practical advice based on how the law is operating today. It allows us to better assess where the boundaries of “harsh”, “unjust” and “unreasonable” are being drawn and to help employers make decisions that are legally sound, fair, reasonable and defensible if later challenged.

No Bloom HR client has ever paid compensation in an unfair dismissal matter. We believe that record reflects the care we take in understanding both the law and how it is being applied, then helping our clients manage the facts and process before a decision is made.

Employers should feel confident managing genuine misconduct, incapacity and performance concerns when there is a sound reason and a fair process. When the circumstances are complex or the right course is unclear, Bloom HR is here to help you weigh the risks, apply good judgement and reach a decision you can stand behind.

You can schedule a free 30 minute consultation and we can help you navigate your complex HR issues.

The post Fair Work Friday: When serious misconduct outweighs procedural fairness appeared first on Bloom HR.

But a recent Fair Work Commission decision should make every employer stop and ask an important question:

Are your casuals genuinely casual, or are they permanent employees in disguise?

In one of the first significant decisions under the new Employee Choice Pathway provisions, the Fair Work Commission ordered Macquarie University to convert a long-serving casual academic to permanent part-time employment. The decision provides valuable guidance on casual employment, but it also reinforces a much broader lesson about the National Employment Standards (NES).

The Case

Gregory Baker had worked as a casual academic in Macquarie University’s School of Computing since 2023. He taught the same core subject across multiple semesters and was allocated the same teaching work again for future semesters.

Using the Employee Choice Pathway, Mr Baker notified the University that he believed his position no longer met the definition of casual employment and requested conversion to permanent employment. The University refused, arguing that its Enterprise Agreement did not permit a teaching-only role to be engaged on a permanent part-time basis.

The Fair Work Commission rejected that argument.

Commissioner Crawford found that the employee’s work was regular, predictable and ongoing, formed part of the University’s core operations, and was substantially similar to work performed by permanent employees. In practical terms, the arrangement looked much more like ongoing part-time employment than genuine casual employment. The Commission subsequently ordered the University to convert Mr Baker to permanent part-time employment.

Why This Decision Matters

Many employers still assume that if someone signs a casual contract, receives casual loading and works under separate engagements, they will automatically remain a casual employee.

This decision reinforces that the Fair Work Commission looks beyond the label and examines the reality of the working relationship. If work is ongoing, predictable and forms part of an organisation’s regular operations, calling someone a casual may not be enough.

The decision is particularly relevant for employers operating around school terms, funding cycles, seasonal demand, recurring projects or program-based work. A break between periods of work does not automatically preserve casual status if the overall pattern points to continuing and ongoing employment.

For many organisations, especially in education, community services, disability services, childcare and not-for-profit sectors, that is a significant takeaway.

The Most Important Lesson: The NES Always Comes First

While most commentary has focused on casual conversion, I think the most significant aspect of this decision is what it says about the National Employment Standards.

Macquarie University argued that its Enterprise Agreement prevented the employee from being converted because the agreement did not permit a teaching-only part-time role. The Fair Work Commission found that argument could not succeed because an Enterprise Agreement cannot remove or limit rights provided under the National Employment Standards. To the extent that a provision conflicts with the NES, it has no effect.

That’s a principle every employer should understand.

The National Employment Standards sit at the foundation of Australia’s workplace relations system. Whether it’s an employment contract, workplace policy, Enterprise Agreement or simply a workplace practice that has existed for years, none of these arrangements can remove or restrict a minimum entitlement provided by the Fair Work Act.

This is why compliance reviews should never focus solely on employment contracts. Enterprise Agreements, workforce models, classification structures, rostering practices and internal policies should all be reviewed from time to time to ensure they remain aligned with current legislation.

How To Do It Better

This case is a timely reminder for employers to look critically at their casual workforce. If employees have been engaged for years, work regular patterns, return every term, season or funding cycle, or perform work that is essential to the organisation’s operations, it may be worth re-assessing whether those arrangements still reflect genuine casual employment.

It is also a good opportunity to review contracts, policies and Enterprise Agreements to ensure they continue to align with legislative requirements. Many organisations are surprised to discover that a workplace practice that has existed for years no longer reflects current law.

The best time to identify these issues is before an employee raises them.

The Bloom HR Takeaway

There are really three lessons in this case.

The first is that casual employment is determined by the reality of the relationship, not just the wording of the contract. If work becomes regular, predictable and ongoing, employers should carefully consider whether the arrangement still reflects genuine casual employment.

The second is that the National Employment Standards remain the ultimate workplace safety net. No Enterprise Agreement, contract, policy or workplace custom can take away a statutory entitlement provided under the Fair Work Act.

The third lesson may be the one that shapes workplace disputes for years to come.

Mr Baker reportedly used AI tools to assist with researching legislation, reviewing case law and preparing his arguments. AI did not win the case. The law won the case. However, AI helped make workplace information more accessible to someone who may previously have needed a lawyer, union representative or significant time and resources to develop the same argument.

The balance of workplace knowledge is changing rapidly.

Employees can now access legislation, case law, Fair Work resources and practical guidance in ways that simply weren’t possible a few years ago. The information gap between employers and employees is shrinking.

For employers, the lesson is simple. Don’t assume employees won’t know their rights. Assume they will.

The organisations that will thrive in this environment won’t be the ones relying on technicalities, historical practices or gaps in knowledge. They’ll be the organisations whose employment arrangements are compliant, transparent and capable of standing up to scrutiny.

Because in a world where everyone has access to information, good employment practices matter more than ever.

Need help reviewing your casual workforce?

Bloom HR supports organisations across Australia with workforce reviews, employment compliance, Enterprise Agreement interpretation, workplace investigations and practical HR advice.

📞 02 8114 4449 📧 hello@bloomhr.com.au 🌐 www.bloomhr.com.au

#FairWorkFriday #CasualEmployment #EmploymentLaw #IndustrialRelations #HumanResources #PeopleAndCulture #WorkplaceRelations #FairWorkCommission #BloomHR

The post Fair Work Friday: Think Your Casuals Are Really Casual? The Fair Work Commission Says Think Again appeared first on Bloom HR.

When most employers hear “flexible work request”, they think about changes to hours, working from home arrangements, or adjusted start and finish times.

However, a recent decision involving logistics giant DHL considered whether an employee could use the flexible work provisions of the Fair Work Act to seek an exemption from a workplace mobile phone ban that had been implemented for safety reasons.

The employee ultimately lost the case, but the Commission’s reasoning may have wider implications for employers managing workplace policies.

The Case: A Flexible Work Request or a Challenge to a Workplace Policy?

Mr Thanh Long Duong worked in a DHL warehouse that prohibited employees from carrying personal electronic devices while performing operational duties.

The policy was implemented as a safety measure to reduce distractions and minimise the risk of workplace incidents.

Mr Duong sought an exemption from the ban due to his family circumstances. His children suffer from serious medical conditions, including severe asthma and anaphylaxis, and he wanted to be contactable should an emergency arise.

Rather than simply requesting an exception to the policy, Mr Duong relied on the flexible work provisions under section 65 of the Fair Work Act and argued that being permitted to carry his phone was a change to his “working arrangements”.

DHL argued the request did not relate to a working arrangement at all and that the flexible work provisions were intended to address matters such as working hours, work patterns and work location.

The Background: Why the Decision Matters

Before determining whether DHL was entitled to refuse the request, the Fair Work Commission first had to decide whether the request was capable of being considered under the flexible work provisions.

This was the critical issue.

Deputy President Bell found that the mobile phone prohibition was sufficiently connected to the performance of work to potentially constitute a “working arrangement”.

While the Commission ultimately accepted that DHL had reasonable business grounds to refuse the “flexible work request” due to workplace safety concerns, the decision confirmed that flexible work requests may extend beyond traditional arrangements such as hours and locations of work.

In practical terms, the Commission recognised that workplace policies may, in some circumstances, fall within the scope of the flexible work framework.

For employers, that is arguably the most significant aspect of the decision. Even though in this case the request was denied, the potential that employees may challenge workplace policies through a flexible work request is the issue. It means that flexible work requests are broader than employers previously understood.

How to Do It Better

1. Don’t Assume Flexible Work Requests Only Relate to Hours and Working from Home

Employers should carefully assess the substance of a request rather than dismissing it because it does not fit a traditional flexible work scenario. The Commission’s approach suggests that other workplace arrangements may also require consideration under the flexible work provisions.

2. Ensure Your Refusal Reasons Are Well Documented

DHL was successful because it could demonstrate legitimate workplace safety concerns and reasonable business grounds for refusing the request. Employers should ensure they can clearly articulate and evidence the operational, safety or financial reasons supporting any refusal.

3. Focus on the Process as Much as the Outcome

Even where an employer ultimately refuses a request, the consultation process matters. Taking the time to genuinely consider the employee’s circumstances and explore alternatives will place an employer in a much stronger position if the decision is later challenged.

The Bloom HR Takeaway

This decision highlights how difficult it is becoming for employers to navigate an ever-expanding range of workplace obligations.

Most employers would reasonably expect flexible work requests to deal with issues such as working hours, work patterns or location. Few would anticipate that a workplace safety policy could potentially become the subject of a flexible work dispute.

While the Commission ultimately upheld DHL’s decision, the broader interpretation of what may constitute a “working arrangement” creates further uncertainty for employers already trying to balance operational requirements, employee needs and workplace safety obligations.

The challenge is not that employers are unwilling to provide flexibility. The challenge is knowing where the boundaries are.

When concepts designed for one purpose begin extending into entirely different areas of workplace management, it becomes increasingly difficult for employers to understand their obligations with confidence. If HR professionals, lawyers and Commissioners are debating where those boundaries sit, it is easy to see why many employers are struggling to keep up.

Has your organisation reviewed its flexible work request process to ensure it is equipped to respond to increasingly complex requests? At Bloom HR, we help employers assess flexible work requests, manage risk, and balance compliance obligations with practical operational needs.

Schedule a 30 minute free consultation by calling us on (02) 8114 4449 or booking a meeting with a senior consultant here.

#FairWorkFriday #FlexibleWork #EmploymentLaw #HumanResources #Leadership #WorkplaceRelations #WorkplaceSafety #SmallBusiness #NFP #BloomHR

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