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Revoking flexible work after absences was unreasonable

It was unreasonable to revoke an employee's flexible work arrangements and then sack her because she took extended periods of leave, the Fair Work Commission has ruled in ordering her reinstatement.

The Australian National Audit Office (ANAO) auditor, who worked three days per week and had been a public servant for three decades, was dismissed in June last year for taking unauthorised leave and failing to follow a lawful and reasonable direction to return to work at the Canberra office.

In unfair dismissal proceedings, Deputy President Lyndall Dean heard that in March 2020, the employee asked to work from home because of her increased risk of complications if she contracted COVID. Her request was granted and, soon after, the employer started encouraging all staff to work from home...

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