What Happened?
In Gurung v Knauf Gypsum Pty Ltd, a full-time payroll officer requested to work from home on Mondays and Fridays to care for his two children, aged two and four.
The children did not attend daycare, the employee’s wife was pregnant with their third child and was experiencing a pregnancy-related medical condition, meaning he would take on primary caring responsibilities while working from home.
The employer refused the request after discussions with the employee and proposed several alternatives, including part-time work, completing full-time equivalent hours across four days and split-shift arrangements. No agreement was reached.
The employer raised concerns about whether the employee could give his work the uninterrupted attention it required while also caring for two young children.
His role involved leading the employer’s most complex payroll run and required a high level of accuracy and attention to detail. The employer also pointed to existing performance concerns, including a drop in attention to detail and development areas that had not progressed as expected.
The employee disputed these concerns. He argued that the employer had relied on assumptions about caring responsibilities rather than evidence that he was unable to perform his role remotely.
What Did the Commission Find?
The Fair Work Commission found the employer had reasonable business grounds to refuse the request.
Commissioner Alana Matheson accepted that children aged two and four require a high level of care and are not self-sufficient for significant periods. She also accepted that payroll processing requires focus and attention to detail to minimise errors and maintain pay accuracy.
In these circumstances, the Commission found it was not feasible for the employee to act as the primary carer while also performing complex payroll duties requiring uninterrupted focus.
The employee’s performance was also relevant. The Commission found, on the balance of probabilities, that his caring responsibilities had contributed to performance concerns and noted that his most recent performance review rated him as only partially meeting expectations.
The Commission ultimately declined to make orders granting the employee’s request.
What Does This Mean for Employers?
The decision doesn’t mean that caring responsibilities automatically provide grounds to refuse working from home. Eligible employees have a right to request flexible working arrangements under the Fair Work Act, and an employer can only refuse a valid request on reasonable business grounds after following the required process.
What this case does show is that employers can look at how the proposed arrangement would work in reality.
The nature of the employee’s role, the level of concentration required, the age and needs of the children, existing performance concerns and whether the employee could perform their duties accurately and efficiently were all relevant in this case.
The employer had also discussed the request with the employee and proposed several alternative arrangements before ultimately refusing it.
The Takeaway
Working from home and providing primary care to young children are not necessarily compatible simply because both can happen at home.
When considering a flexible working request, employers should look at the employee’s individual circumstances, the requirements of their role and whether there are genuine business grounds for concern. Where the original request can’t reasonably be accommodated, it is also worth considering whether another arrangement could work.
A refusal should be based on the facts of the situation, not a blanket view of working from home or employees with caring responsibilities.
Need help managing a flexible work request?
Every request needs to be considered on its individual circumstances. If you’re unsure about your obligations or how to respond, our HR team can help. Contact us on (08) 9316 9896 or get in touch with our team for guidance before taking the next step.
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