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ARTICLE · 18 SEPTEMBER 2020

JobKeeper direction that disproportionately reduced employee hours deemed unreasonable

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This decision highlights that a reduction of an employee's hours must not be unreasonable in any circumstances.

AustraliaEmployment and HR
Louise Rumble
Louise Rumble
Adrian Zagami
Adrian Zagami
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The Fair Work Commission has set aside a JobKeeper enabling stand down direction, believed by an employee to be motivated by a 'work from home' request.

The decision highlights that a reduction of an employee's hours must not be unreasonable in all of the circumstances and that employers must consult with employees in accordance with the Fair Work Act 2009 (Cth) (FW Act) before giving JobKeeper directions.1

Background

Mr Wilfred Lam (Employee) was a full-time employee in the Support Team at Mobile Technologies International Pty Ltd (MTI), a supplier of equipment used in the transport industry. The Employee's role consisted of dealing with customer enquiries.

On 29 June 2020, the Employee made a 'work from home' request to MTI. This request was made in light of the COVID-19 restrictions in Victoria, which the Employee understood required him to work from home, and the Employee's increased risk to COVID-19 due to on-going medical issues. On 31 July 2020,

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