ARTICLE · 04 SEPTEMBER 2012

Win Wise: Flexibility In The Workplace - Just what is reasonableness?

DLA Piper Australia

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The article outlines guidelines that employers can use to consider and respond to requests for flexibile work practices.

AustraliaEmployment and HR

Rick Catanzariti

Requests for flexible work practices have been gaining momentum in many workplaces. Employers are uncertain as to whether a particular employee request needs to be accommodated or not as applicable legislation refers to the abstract concept of reasonableness.

The Fair Work Act 2009 (Cth) speaks of employers having to demonstrate "reasonable business grounds" in order to reject a flexible work request by an employee with carer responsibilities. Similarly, discrimination legislation refers to reasonableness and lists certain non-exhaustive factors employers must take into account, none of which are determinative.

There is no hard and fast rule to determine what is reasonable. Whether an employer can show it has acted reasonably will depend on the individual type of request or accommodation being sought.

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