The excuse Australians can no longer use to work from home after landmark ruling
Being too tired is no longer a valid excuse for working from home, as a senior Victorian council worker found out after losing a legal battle to spend less time in the office.
Steve Polak, 55, was already working two days a week in the office at Macedon Ranges Shire Council in Central Victoria, but wanted to reduce that to one day for three weeks a month because he was experiencing ‘work-related fatigue’.
The planning and construction liaison, whose LinkedIn profile includes an impassioned defense of a healthy work-life balance, argued that his commutes and letting a family member borrow his car for college contributed to his fatigue.
He also claimed that all of his job responsibilities can be done from the comfort of his home, especially using Microsoft Teams to communicate with colleagues.
However, the council rejected this request and this decision was later approved by the Fair Work Commission.
Commission vice president Kamal Farouque said Mr. Polak’s 14 years of experience in the role made him a valuable asset in the office, especially when helping junior staff.
This provided the council with ‘reasonable business grounds’ for requesting his in-person attendance, despite accepting that Mr Polak was able to carry out ‘the majority of his daily work duties at home’.
‘The respondent (council) wants the applicant’s experience to be made available to the planning team and to liaise with the team by having him work in the office two days a week,’ Mr Farouque said.
Being too tired is no longer a valid excuse for working from home, as a senior Victorian council worker (left) learned after losing a legal battle to be out of the office.
‘This applies in circumstances where there has been a significant change in the composition of the defendant’s planning team and the applicant is one of three long-serving employees within the team.
‘For the sake of clarity, [the council] rejected the applicant’s request…arguing that the operational needs of the legal planning team required a regular and consistent presence on site to build the team’s involvement and foster personal collaboration, and that Mr. Polak’s request was inconsistent with these objectives.’
Before Mr Polak took the matter to court, the council had given him the option to choose which days he would work from home, but he refused.
His manager told the commission that the arrangement would help Mr Polak manage his carpool problem, and the court accepted his argument.
‘Increasing team participation and strengthening personal collaboration, [council]’ one manager told the commission.
As a result of the court’s decision, Mr. Polak will continue to work in the office two days a week.
On her LinkedIn profile, she says she doesn’t have time for “yes men” and prioritizes “work-life balance.”
‘I have little patience for yes men and terrible people, especially when it goes against good business practices or team morale,’ he wrote.
The Fair Work Commission has ruled that companies have the right to require employees to work from the office even if they are “tired” (stock image)
‘I’m a big believer in work-life balance if your work is your priority when you’re at work.
‘Rewards and recognition are a must for all business and cannot simply be a statement without substance.’
The Daily Mail contacted Mr Polak for comment.
The decision comes amid major changes to workplace laws in Victoria, where eligible employees have gained new protections around working from home.
As of September 1, employees who can reasonably perform their duties remotely will be able to request to work from home for a maximum of two days a week, in accordance with amendments to the Equal Opportunities Act.
However, employers may still reject flexible working requests if there are valid commercial reasons.
