Since the introduction of the Fair Work Act and the right to request flexibility, we've seen a positive lift in the number of employers taking flexible work options seriously. So much so that it seemed like a whole new era had been ushered... until this multi-million dollar claim by a Telstra worker has placed a serious question mark over the future of work from home arrangements. Seems Telstra will be made to pay legal and medical costs in a multi-million dollar ruling by the Administrative Appeals Tribunal as a result of... wait for it... Ms Hargreaves slipping down the stairs in her own home while going to get cough medicine from the fridge in her sock-clad feet.
In a second incident she slipped on her way to lock the front door. Her lawyers successfully argued these events took place while she was working from home and have successfully claimed lost income and damages from the employer.So what does this mean for those of you with employees wanting to work from home? Or take your shoes off at work?!
Or for those of you still trying to negotiate flexible work arrangements? Probably a whole lot more hassle. Workplace audits as a minimum, more questions, more obstacles, more suspicion and probably a big step backwards on all counts.
Love to hear your thoughts on this one - are you an employer of people who work from home? Do you currently work from home? Are you worried by this ruling?
Comments (7) | Trackbacks (0) | Permalink
Wendy Buckingham commented on 22-Jul-2011 12:26 PM
Sara commented on 22-Jul-2011 12:32 PM
The SheEO commented on 22-Jul-2011 12:53 PM
Sally commented on 22-Jul-2011 12:55 PM
Jennifer Bailey commented on 22-Jul-2011 12:56 PM
Stephanie Cassidy commented on 22-Jul-2011 03:49 PM
The SheEO commented on 25-Jul-2011 02:18 PM
Wendy Buckingham commented on 22-Jul-2011 12:26 PM
This sounds quite easily resolvable. And the claim sounds opportunistic, but who can blame her. As someone who has worked from home for years, I am covered for accidents in the home and also have public liability insurance. It's simply a question of adjusting
insurance provisions and policies for workers comp etc and who pays what to cover what. Be interested to hear what somebody in the insurance industry has to say.
insurance provisions and policies for workers comp etc and who pays what to cover what. Be interested to hear what somebody in the insurance industry has to say.
Sara commented on 22-Jul-2011 12:32 PM
What a terrible result! In this day of technology, juggling families and time wasting travel we should all be looking forward to more flexibility and higher productivity by working from home! Stupid idiot for lodging this claim. Stupid judge for upholding!
The SheEO commented on 22-Jul-2011 12:53 PM
Opportunistic? Possibly. Self centred? Maybe. Unfortunate? Definitely.
Sally commented on 22-Jul-2011 12:55 PM
The ability to work from home at times is one of the keys that enables me to effectively work full time and be there for my family when needed. I sincerely hope that common sense prevails in the wake of this case (perhaps via insurance as suggested by
Wendy. It's not just about the flexibility either - an occasional day working from home away from the usual distractions in the office can be very productive.
Wendy. It's not just about the flexibility either - an occasional day working from home away from the usual distractions in the office can be very productive.
Jennifer Bailey commented on 22-Jul-2011 12:56 PM
Words escape me!!! it is incidents like this that set all the advancements in flexible work opportunities back. We seem to go one step forward then three back....
Stephanie Cassidy commented on 22-Jul-2011 03:49 PM
This does not surprise me, and I don't think we should be alarmed, it happens a lot, it has just perhaps not been pursued to the point of providing sample case law. I have worked in workplace risk reduction areas for the past 20 years, this is just another
example of legislation being tested. In my experience most workplaces are aware of this being a risk and have put in place SOME measures to prevent it. Some have completed risk assessments via completion of employee completed home Based OH&S risk assessments.
Others, with a far more pro-active approach to this have requested OH&S/ Occuupational Therapists to complete the review as a preventative measure. Recommendations are followed through to reduce risk overall. I enter people's homes every day to complete risk/function
assessments and there are no doubt risks in homes that may not be apparent in workplaces, but there are many that are equivalent to those we experience at work. Just tackle it like any normal workplace issue. Reduce the risk as much as possible. The rest is
up to the workforce to maintain their own duty of care. Oh and good luck with your defense Telsta!
example of legislation being tested. In my experience most workplaces are aware of this being a risk and have put in place SOME measures to prevent it. Some have completed risk assessments via completion of employee completed home Based OH&S risk assessments.
Others, with a far more pro-active approach to this have requested OH&S/ Occuupational Therapists to complete the review as a preventative measure. Recommendations are followed through to reduce risk overall. I enter people's homes every day to complete risk/function
assessments and there are no doubt risks in homes that may not be apparent in workplaces, but there are many that are equivalent to those we experience at work. Just tackle it like any normal workplace issue. Reduce the risk as much as possible. The rest is
up to the workforce to maintain their own duty of care. Oh and good luck with your defense Telsta!
The SheEO commented on 25-Jul-2011 02:18 PM
Steph you're probably right... maybe it's just a sign of the time... but I hope you're right that the duty of care remains with the employee or else I fear we're all going to suffer as a result.
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