Employers need to review policies and procedures around flexible and part-time work arrangements ahead of the new right to request flexible work becoming law on Jan 1, 2010, says Deacons partner Sarah Ralph. While employers are not required to comply with requests, if an employee is dissatisfied with the outcome they can bring an action under equal opportunity legislation or lodge a complaint with the Fair Work Ombudsman (DA#330), Ralph told Discrim Alert associate news service HR Report.
“There’s a very positive obligation on the employer to say what the reasonable business grounds for refusal are,” Ralph said.
“For example, it might be that the costs involved in accommodating the request are significant, taking into account the size of the business. It will be more difficult for larger employers to use this as a reason.”
The right to request forms one of the 10 national employment standards (NES) and is covered by s65 of the Fair Work Act 2009 (FW Act).
Article taken from 'Discrimination Alert: The independent Newsletter on equal opportunity and workforce diversity: Issue 331, July 27 2009 '
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