Australian Employee Sues Employer Over Hybrid Work Setup And Wins

By Thea Felicity

Mar 11, 2024 11:19 AM EDT

Danny Crouch sits in his basement as he works from home in Arlington, Virginia, on May 25, 2023. The pandemic forced Americans to work from home. And now, more than three years on, employers are struggling to bring them back to the office. A third of employees in the US currently have complete freedom about where they work, compared with just 18 percent in France, according to a recent ADP study of 17 countries.
(Photo : Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

In a report from 7News, an employee who fought for a work-from-home setup won a case against his company, with results potentially affecting companies that force employees to return to "normal."

Daniel Hume, a father from Queensland and a manager at Queensland Health's Infrastructure and Reporting Team, sought to change his work arrangements in 2021. He wanted to transition to full-time remote work from his home office. 

However, Queensland Health initially proposed a hybrid model. According to this plan, Hume could work remotely for three days one week and two days the next. He would be required to work from the office the rest of the time.

Unhappy with the proposed arrangement, Hume took his case to the Queensland Industrial Relations Commission. He argued that working had substantially increased his productivity by reducing distractions, cutting out commute times, and enabling him to respond more quickly to work demands. 

Hume also emphasized how remote work had positively affected his personal life. He pointed out that it allowed him to contribute more to household and parental duties while enjoying valuable time with his young family.

Importantly, Hume also pointed out the improvement in his physical health resulting from reduced exposure to public illnesses, decreased fatigue, and increased opportunities for exercise while working from home. 

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Why The Company Preferred Onsite Work

Despite compelling arguments, Queensland Health raised concerns about the blurred boundary between work and home environments in remote work setups. 

They also suggested that remote work might lead to longer working hours and reduced incidental exercise, potentially affecting overall well-being.

In defending their current setup, Queensland Health stressed the significance of meaningful engagement between managers and their teams, expressing concerns that remote work might limit ad hoc communication opportunities and affect team dynamics. 

However, Hume rebutted these concerns by underscoring his team's successful remote collaboration over the previous 12 months and the positive feedback they had received during that period.

In the end, the Queensland Industrial Relations Commission sided with Hume, granting him the opportunity to work predominantly from home while mandating some office presence, equivalent to roughly 20% of his work hours or one day per week. 

Despite this favorable outcome, Hume decided to resign on the same day the Commission's ruling was announced.

After Queensland Health contested the Commission's ruling, the Industrial Court of Queensland upheld the original decision, affirming Hume's triumph and establishing a precedent for future remote work arrangements within the organization. 

This coincides with VCPost's report in 2021, affirming that healthcare and industrial industries are changing post-pandemic, with advanced setups like work-from-home being more effective than usual.

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