King & Wood Mallesons

Asia-Pacific 100 position: 3

Refusal of part-time work constitutes constructive dismissal

By Emma Newnham

The Fair Work Commission (FWC) has found an employer’s continuing unreasonable refusal of an employee’s request to work part-time was ‘inimical’ conduct constituting constructive dismissal.

This decision reminds employers of their obligations to: be aware of an employee’s right to request flexible working arrangements in any applicable enterprise bargaining agreement and the National Employment Standards (NES); fully explore flexible working arrangements if requested to do so; and ensure the reasonable business grounds upon which they refuse a request to work part-time are documented and will stand up to the scrutiny of the FWC.

The decision comes at a time when the right to request flexible working arrangements are in the spotlight. The Fair Work Amendment Act 2013 (Amendment Act), assented to on 28 June 2013, extends the right to request flexible working arrangements, including to parents of children who are of school age. Under the NES, an employer may only refuse a request for a change in working arrangements on reasonable business grounds…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from King & Wood Mallesons

View more briefings from King & Wood Mallesons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Level 61, Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
http://www.kwm.com

Jurisdiction: PRC/Australia
No. of offices: 20
No. of qualified lawyers: 1,252