Dealing with back to work refusal from your employees.
As businesses across Australia, including New South Wales, transition back to traditional work environments, many employers are facing the challenge of bringing employees back into the office. Flexible work arrangements became the norm during the pandemic, but as the need for in-person collaboration grows, employers are asking: How do I get my employees back to work?
Scenario: The Remote Relocation Dilemma
Consider this scenario: Emily, a talented software developer, was hired during the pandemic and worked remotely from her home in Sydney. Without consulting her employer, Emily decided to move to Brisbane for a change of scenery, continuing her role without any formal discussion or contractual agreement about her new location.
Now, as the company plans to bring its workforce back into the Sydney office, the employer faces a dilemma. Emily’s relocation wasn’t contractually approved, and the company needs her to work from Sydney for effective team collaboration. What can the employer do in this situation?
Addressing the Scenario: What is Reasonable and Lawful?
In this scenario, the employer’s right to require Emily to return to the Sydney office depends on whether the direction is both reasonable and lawful.
- Reasonable Direction: The employer’s request for Emily to return to the Sydney office is likely reasonable because her role involves close collaboration with the team, which is difficult to achieve remotely. Additionally, the company was not informed or consulted about her move to Brisbane, making the return to the office necessary for business operations.
- Lawful Direction: The employer’s direction is lawful if it aligns with the original terms of employment. Since Emily’s contract likely specified Sydney as her primary work location, the employer can lawfully direct her to return. However, the employer must consider any health and safety obligations, including the feasibility of Emily’s return given her new location.
Steps for Employers to Bring Employees Back to Work
- Review Employment Contracts: Employers should start by reviewing contracts to determine the agreed-upon work location and any flexibility clauses.
- Communicate Clearly and Early: Employers need to communicate the expectations and rationale for returning to the office clearly and as early as possible. In Emily’s case, the employer should explain why her presence in Sydney is crucial for the role.
- Consult with the Employee: Engage in a discussion with the employee to understand their situation and explore possible solutions. For example, could a relocation package be offered, or could a hybrid arrangement be considered?
- Offer Support and Flexibility: If relocation is required, employers should consider offering support such as relocation assistance or a phased return to allow the employee to transition smoothly.
- Update Policies: Employers should update their remote work policies to prevent similar situations in the future, clearly outlining the process for changing work locations.
Conclusion
Navigating the return to the office can be complex, especially when employees have moved without a formal agreement. However, by ensuring that directions are both reasonable and lawful, and by communicating and consulting effectively, employers can successfully bring their employees back to the office.