Post-pandemic struggles: Can your employer force you back to the office?

The pandemic has forced many people to work from home, but what happens now we’re in the process of it being over? Can your employer force you back into the office?

In Australia, there are laws that protect employees who have been working remotely, but many people are unaware of what these are and may be being taken advantage of. Today, we’ll detail those rights and what you can do if your employer tries to force you back into the office.

What does the law say about remote working?

Perhaps surprisingly, remote working laws have been around for some time. 

The Fair Work Act 2009 states that an employee can request flexible working arrangements, which includes working from home. The employee must have been with the company for 12 months or more to be eligible for this.

If an employer tries to force an employee back into the office, the employee can make a complaint to the Fair Work Commission. The Commission will then investigate the matter and decide if the employer has breached the employee’s rights.

Can an employer force employees back to work?

No, if you’re an employee working from home during the pandemic, you don’t have to worry about being forced back into the office. You have the right to request flexible working arrangements, and if your employer tries to force you back into the office, you can make a complaint to the Fair Work Commission.

From here, and as you go through the process, you will want to hire the assistance of employment lawyers in Sydney, or wherever you’re located, to assist you through the legal landscape. 

This is because, as with anything legal, it can be complex, and you want to ensure you have the proper representation.

What if you don’t want to go back to the office?

If you don’t want to return to the office, you don’t have to.

You have the right to request flexible working arrangements, and if your employer tries to force you back into the office, you can make a complaint to the Fair Work Commission.

What can your employer do if you don’t go back to work?

Again, you have the right to request flexible working arrangements, and if your employer tries to force you back into the office, you can make a complaint to the Fair Work Commission. 

However, if your employer feels that there is a legitimate reason for you to be in the office, such as your job requires you to be there or there is a health and safety issue, then they may be able to take action. 

You would need to speak to your employer about this, and if they do take action, you can seek advice from an employment lawyer.

There are many different variables and individual cases, so there’s no prescriptive blanket statement that can be given to all cases. Instead, professional advice is best because it will take your individual circumstances into account.

Make sure you know your legal rights around remote working

The pandemic has forced many people to work from home, but what happens when it is over? Can your employer force you back into the office? In Australia, there are laws that protect employees who have been working remotely.

This article has detailed those rights and what you can do if your employer tries to force you back into the office. You should speak to an employment lawyer if you have any questions or concerns.