Aspiring Author Clears First Hurdle in Flex Work Case
A 67-year-old employee’s flexible work dispute can proceed after the Fair Work Commission rejected his employer’s argument that his request was not covered by the Act.
The employee asked to work his weekly hours over 4 days instead of 5, saying he wanted more time for creative writing as part of his transition to retirement.
The employer argued there was not enough connection between his age and the arrangement sought. The Commission disagreed, finding the request was sufficiently linked to his age and retirement transition. The substantive hearing and discussion of the employer’s right to refuse on “reasonable business grounds” is still to come.
Take Out Point: Flexible work requests made because of age can extend to transition to retirement plans – even where the employee is not asking to reduce their total hours.