With large portions of the workforce continuing to work from
home, the recent Fair Work Commission
(the "Commission") decision
of Jayson McKean v Red Energy Pty Ltd [2020] FWC
5688 provides employers with some guidance on complying with
workplace health and safety requirements through an unfair
dismissal lens; in particular, in relation to the provision of
"furniture" for employees working from home.
In addition to the above guidance, Deputy President Colman has
also provided useful commentary on dismissals for failure to comply
with a direction to work from home.
Background
The Applicant was employed as a "Customer Assist
Specialist" at Red Energy Pty Ltd ("Red
Energy"). In March 2020, in response to the COVID-19
pandemic, Red Energy began to encourage employees to work from
home. To support its employees working from home, Red Energy
offered employees a laptop, headset, adjustable chair, ergonomic
assessments, access to an occupational therapist and
