The importance of a working from home policy
As we realise the benefits of flexible working conditions, working from home (WFH) is becoming more common, making a WFH policy essential.
Work Health and Safety laws apply when individuals work from home as they do in a practice or office. This means the employer must ensure the health and safety of their workers as far as reasonably practicable when WFH, albeit regularly or on an occasional basis.
Two recent Fair Work Commission (FWC) rulings have highlighted the importance of having a clear WFH policy which ensures team success by providing structure and clear expectations.
In Major V Strata Management Group Pty Ltd, the decision for dismissal was upheld by the FWC. The FWC confirmed that working from home without permission was a valid reason for dismissal.
The employee in question was required to attend the Brisbane office one day a week and the Sunshine Coast Office four days a week and was advised any request for flexible working arrangements had to be requested and approved by HR. It was established after investigation that the employee had been working from home on the days they were expected to attend the Sunshine Coast office. The company confirmed that no agreement existed between the employee and the company for a flexible working arrangement and dismissed the employee with four weeks pay in lieu of notice for breaching the company policy which included provision to be at the office on-time each day between the hours of 8.30am and 5pm.
The FWC threw out the employees unfair dismissal application and upheld that the reason for dismissal was fair.
By advising the employee around flexible working arrangements, the company set out clear expectations and direction for arrangement which the employee did not follow; therefore, were able to dismiss the employee fairly and not be liable for any unfair dismissal payment.
Another recent FWC decision relating to an employee's performance while working from home is highlighted in Chikho v Insurance Australia Group Services Limited. The FWC upheld the decision to fairly dismiss a work from home employee whose keystroke data revealed incapacity 90 per cent of the time.
The decision to dismiss was made following the employee being placed on a performance improvement plan which included a retrospective review of their cyber activity over a three-month period. The review showed a significant decline in productivity output.
The review disclosed that the employee did not work her rostered hours for 44 out of 49 working days or start on time on 47 of those days. When the employee was online, her keystroke activity was very low which indicated she was not working or performing her tasks as required.
The FWC upheld the decision to dismiss based on the evidence the employee did not work as required during the three-month review period and their 'failure to attend to her duties in that period was not of a minor or incidental nature but was on a scale and at a sufficient level of seriousness to constitute misconduct’.
When crafting and implementing an effective WFH policy, keep in mind the policy is there to protect both you as an employer and the employees and to ensure the following essential items are covered.
Scope – who is covered by the policy?
Tools and equipment – what is required for the employee to fulfil their duties remotely? e.g laptop, phone etc.
Expectations – performance and conduct expectations while working remotely.
Remote work benefits – the benefits to the individual and team while working remotely.
Physical work environment – appropriate workspace
Security and privacy – is the workspace secure when dealing with confidential information?
Workplace Health and Safety – have steps been taken to ensure the health and safety of your team?
By implementing and managing a clear and consistent WFH policy, there could be very beneficial outcomes for both you and your team such as:
- reduced stress
- greater productivity
- better work-life balance
- improved health and well-being
Workplace Relations Support can assist you with general advice on this article or assist you with your Working from home policy. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.