Bending Over Backwards: Balancing Flexibility and Reasonable Direction in Working from Home

The changes to working life brought about by the pandemic have been nothing short of revolutionary. However, they have created a state of affairs where the centrality and importance of the office or other workplace has been diminished in some instances, with associated problems for staff management, development and collegiality. This session will provide a guide to employers of their rights, responsibilities and options when it comes to agreeing to flexible working arrangements within the employment relationship, including:

• When is an employee required to attend a workplace?
• If a job can be done remotely, is it reasonable to require an employee to work from the organisation’s office?
• What are the options when an employer and employee disagree on the availability of work from home arrangements?
• Have employment contracts been permanently varied through allowing work from home?
• Strategies for managing staff with heightened risk issues or anxiety returning to the office
• Tips for managing the emerging issues of overtime
• What should be in employment contracts for employees working from home?
• Law reform and overseas experiences of home and hybrid working arrangements, including the “right to disconnect” laws
• Relevant cases