Human Resources is never straight forward. As a general rule never discriminate, dismiss or treat anyone unfairly when a request to modify working arrangement for an employee is put forward.
It is important that all requests are considered and reviewed as per the Fair Work Commission guidelines. An employee may put a request to their immediate manager for flexible work arrangements under the Fair Work Act if they have completed at least 12 months of continuous service with your company immediately before making the request and their request to change their work arrangement is for a reason that is recognised under the FW Act.
The request for consideration may include that the worker:
• is a parent;
• is responsible for the care of a child who is of school age or younger;
• has a disability;
• is 55 years or older;
• is experiencing family violence;
• is a carer (within the meaning of the Carer Recognition Act 2010); or
• is providing care or support to a member of their immediate family or household because they are experiencing violence from a family member.
All staff are entitled to put through a request for flexible work arrangement, however, companies may refuse the request if they have reasonable business grounds for doing so.
Always, always document these grounds and support them with evidence. Please note that even if you believe that you have reasonable business grounds for refusing the request, there is a risk that the employee may bring a claim against you for unfair dismissal (by way of constructive dismissal if the employee is forced to resign), adverse action or under anti-discrimination law.
If you feel that your request was not appropriately considered or feel that the process was not fair, call All Staff HR so they can be appointed to the role to investigate the claim and work with the company.
If you would like to know more call Mina 0466246955.
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