A decision of McKean v Red Energy Pty Ltd [2020] FWC 5688 involving an employee of electricity and gas provider, Red Energy who was a work from home employee due to COVID-19 gave a very reasonable direction to deny a request for a desk. The Fair Work Commission finding that it was “plainly” reasonable to refuse the provision of a desk as they had already provided a number of items including:
- Online training and resources
- Access to an occupational therapist
- Ergonomic assessment
- Laptop computer
- Headset
- Chair
The employee once being denied the desk request also requested 6 weeks “leave” which was denied by the employer and on that basis the employee resigned. The employee later filed an unfair dismissal claim – arguing the resignation was forced (constructive dismissal).
The claim was soundly dismissed for a number of reasons however a few of the reasons are very significant for the purpose of dealing with work from home employees:
- Reasonable rejection – It was reasonable to reject the request for the employer to purchase a desk for the employee
- Reasonable direction – It was a reasonable direction for the employee to work from home
- Reasonable refusal – It was reasonable to refuse the request for 6 weeks leave especially as the employer was provided very little notice to approve the request
- Not a forced resignation – Forced resignation or constructive dismissal must meet a number of elements – this was not a situation where an employee resigned in the “heat of the moment” it was moreso a situation where an employee disliked a decision by an employer and “entirely without merit” wanted to take action on “principle”
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