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ARTICLE · 11 FEBRUARY 2026

The Papercut Decision And The Current Position On WFH

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Discusses 2 recent cases regarding whether an employer can force an employee to work from the office - with 2 seemingly opposing outcomes.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
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The FWC's Johnson v PaperCut Software decision has renewed debate about the limits of working from home rights. While some have compared it to Chandler v Westpac, the cases highlight that WFH outcomes depend on individual circumstances, contract terms and employer policies. The ruling underscores that no single case establishes a universal right to work from home.

The recent Fair Work Commission (FWC) decision in Mr Richard Johnson vPaperCut Software Pty Ltd [2026] FWC 178 (Papercut) has attracted considerable coverage focused on its apparent implications for the rights of employees working from home.

In short, in Papercut the dismissal of an employee who failed to follow a direction to return to work notwithstanding an apparent contractual right permitting him to work from home was held by Commissioner Connolly of the FWC to be not unfair, ostensibly reinforcing a right of employers to compel employees to return to working from the office.

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Michael Byrnes, Partner
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