FWC Verdict: COVID Fears Alone Doesn’t Justify Permanent WFH:
The FWC has upheld ANZ Bank’s decision to deny a 62 year old employee’s request for a permanent work-from-home arrangement due to concerns about contracting COVID.
The employee commenced proceedings in the FWC in February after ANZ rejected her request to work from home permanently. She claimed that given her age, she was at a higher risk of contracting COVID, and that remote work had not negatively impacted her productivity in the role.
ANZ refused the request on the grounds that there was no medical reason or evidence to support the request. Further, ANZ noted that its existing Flexible Working Policy, which enables employees to work half their time remotely, already provides a ‘significant amount of flexibility’. ANZ also offered a number of alternate options including a staged return to work, providing an anchor desk away from others in the office, additional breaks during the day, and the use of an outdoor space or meeting room for lunch.
Ultimately, the FWC ruled in favour of ANZ, stating that the employee had not demonstrated that she had any underlying condition or contraindication that would make her more vulnerable to COVID. The FWC stated that the premise of the employee’s case “appears to be that ANZ is required to accommodate her fears about attending the workplace due to the risk of contracting COVID”. The FWC noted that “to accommodate those fears no matter how disproportionate those fears may be to the risk is simply unreasonable”.
The FWC expressed that whilst the employee may choose to take precautionary measures in her private life to protect herself against COVID, that does not oblige ANZ to accept or apply measures in the workplace beyond what is ‘reasonably practical’, particularly given that workplace restrictions were relaxed by the Victorian government almost 2 years ago.
This decision is particularly timely amid growing debate between workers and employers regarding demands to return to work and hybrid working arrangements.
If you require assistance with managing hybrid working arrangements or return to work requests, please do not hesitate to get in contact with the HR Legal team.
Case Reference: Deborah Lloyd v Australia and New Zealand Banking Group Limited [2024] FWC 2231
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