By

Mike Toten

Mike Toten is a freelance writer, editor and media commentator.

The employee worked for a strata management company, initially with flexible work arrangements. When it transferred her to a new role, it required her to attend one of its offices one day per week and another one four days per week. It told her that if she wanted any flexible work arrangements in that role, she would have to apply for them and obtain approval from HR. The new role involved a lengthy initial training period and therefore was not as amenable to flexible arrangements as her previous role.

The employer rented office space for her in the second location but received a report she had not attended the office for three weeks. When the employer investigated, it concluded that she had never been to the office and her work phone records showed that she had been in the town where she lived. Also, she had twice left the first office during the day and worked from home without permission.

The employee claimed she had been attending sites and meeting clients and potential new clients, but she had not notified the employer of these activities at the time, and the employer claimed that evidence indicated they had not occurred. The employer found specific examples where the employee had claimed to be at the office but wasn’t. If attending meetings off-site, employees were required to notify and record the details.

The employer dismissed her with pay in lieu of notice for breaching its rules that she must attend the work office during business hours and could only work from home with prior permission from HR. Also, she had sent work emails containing confidential information to her personal email address, in breach of the employer’s confidentiality policy, and tried to conceal having done so.

Decision

The FWC rejected the employee’s claim of unfair dismissal.

What this means for employers

This case confirms that working from home is not an “entitlement”. If an employee does it first without obtaining permission from the employer, it can be a valid reason for dismissal.

Read the judgment

Ms Chantelle Major v Strata Management Group Pty Ltd - [2023] FWC 2276 (7 September 2023)