ARTICLE · 19 MAY 2006

Flexible Workplace Arrangements: What Constitutes Reasonable Efforts?

Clayton Utz

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While there is no blanket requirement that an employer must provide flexible work arrangements for employees returning from maternity leave under NSW law, "reasonable efforts" must be demonstrated.

AustraliaEmployment and HR

Chris Hartigan

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Key Point

While there is no blanket requirement that an employer must provide flexible work arrangements for employees returning from maternity leave under NSW law, "reasonable efforts" must be demonstrated.

In December 2005, the full bench of the New South Wales Administrative Decisions Tribunal delivered the decision of Tleyji v The TravelSpirit Group [2005] NSWADT 294. The decision provides a timely reminder to employers of their obligations when responding to issues arising in the workplace concerning carers' responsibilities. Tleyji illustrates some of the common pitfalls that employees face when dealing with requests for flexible workplace arrangements.

Background

Ms Tleyji was a senior travel consultant at the TravelSpirit Group. On return to work after a year of maternity leave, Ms Tleyji alleged that her employer, TravelSpirit, unlawfully discriminated against her in employment on the grounds of carers' responsibility, gender and race.

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