Employment lawyer reveals the most pressing concerns
Are your employees happy to return to the office in 2022? Or are they already committed to the flexible, work-from-home lifestyle? Well, according to some HR leaders, there’s a huge disconnect between employers and their employees’ opinions when it comes to hybrid models.
“Employers and employees may have differing views or expectations of whether employees will work from home or return to the office in 2022,” Sally Woodward, Partner, Industrial Relations and Employment Law at PwC Australia, said. “There is a growing desire for at-home working or varied hours. Employees want increased flexibility, whether that is working from home - if they are in a role that permits that - working hours that adapt to their out-of-work lives, families and other activities or commitments.
“Employers might want their employees to return to work for various reasons, to build connectivity, manage performance, and rebuild morale. Employees must comply with an employer’s reasonable and lawful directions. That could include a direction to return to the office, however, the reasonableness of the direction needs to be considered, which involves looking at the employee’s individual circumstances. Employees may argue that they want to work from home permanently."
Woodward added that unless an employee has a compelling reasons as to why it is unreasonable to require them to return, or unless the employer has varied the employees’ contract to permit home working on a permanent basis, it is most likely that it would be reasonable to require the employee to attend the office on at least an occasional basis.
She said: "This will all have to be assessed on a case-by-case basis. Consideration would also have to be given to, for example, the employee’s carer’s responsibilities to avoid a potential claim for discrimination.”
As confidence grows in people returning to work along with school being successfully administered, it’s only natural that employers will want more and more employees back to the workplace. This doesn’t necessarily mean five days a week, but a hybrid model of some kind where there is unity and cohesion amongst the staff allowing purposeful work to be achieved.
She said that it's vital HR directors take into account employee wellbeing. "Leaders must remember that each employee will have differing and unique needs and concerns. Many employees will have different reasons for not wanting to return to the office - fear of public transport, fear of working with unvaccinated colleagues, living with immuno-compromised or vulnerable people, and giving up opportunities to connect with family.
“Conversely, others such as those who are not safe at home, may be keen to return to office-based working. Both these choices should be respected. Employees will be adjusting to the ‘new normal’, managing ongoing uncertainty and change, and leaders and human resource practitioners need to be aware of these realities for their people and identify ways to offer targeted support through the transition back to office-based working.”
Public transport commuting seems to be growing in confidence with the NSW Government announcing that by February 28 a regular timetable will be in place, and it is hopeful by that date no masks will be required for indoor meetings. Further to that news, almost 50% of the NSW population have had a booster shot. While other states within Australia have varying restrictions, it is NSW, with the largest economy and population, that people watch for trends.
“Of course, as employees do return to the office, employers need to ensure the safety of their employees,” Woodward said. “They must comply with any obligations under the various public health orders in each State and Territory. These can be complex and, in some cases, ambiguous. They also change frequently, which can pose a challenge for employers. It is, however, important that employers understand those obligations and take steps to keep up to date with the ever changing landscape.
“More broadly though, employers have an overriding obligation to ensure the physical - and psychological - safety of their employees under applicable health and safety legislation. In order to do this, an underlying risk assessment of the risks specific to the business and individual roles is required.
“The employer must take steps to mitigate or remove those risks as far as is reasonably practicable and continuously assess those measures to identify if they are effective. An employer must have a COVID safe plan, which it continuously assesses to update as necessary as the COVID risk profile changes.”
