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ARTICLE · 06 MARCH 2024

Tripwires of flexible working arrangements

Holding Redlich
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Issues that can arise with flexible working arrangements, specifically where and when work can be done.

AustraliaEmployment and HR
Jackie Hamilton
Jackie Hamilton
James Sofianos
James Sofianos
Alice Leighton
Alice Leighton
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The recent Fair Work Commission case of Diandong Ren v The Commonwealth of Australia as represented by the Bureau of Meteorology [2023] FWC 3157 (Diandong) demonstrates a number of tripwires associated with flexible working arrangements. The Fair Work Commission (FWC) upheld the dismissal of a Bureau of Meteorology (BOM) scientist who was working remotely from Austin, Texas in the United States without prior approval from his employer.

What happened in this case?

Diandong Ren (the employee) was investigated by the BOM as he was unresponsive during his agreed working hours and failed to attend meetings following a period of approved leave in the United States. The BOM traced the IP address the employee was using to access their network and discovered that he was logging in remotely from Austin, Texas.

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