October 29, 2024 • 5 mins
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
All right the kiss ninety seven three Leiarah, Hey Rachel,
good morning morning. You sounds a little nervous, but I
think your question is one that so many people want
an answer to.
Speaker 2 (00:15):
What is it?
Speaker 3 (00:17):
So basically, I've been working from home for the last
eighteen months, five days a week, and about a month
ago an email came out stating that we are to
return to the office five days a week. And I
have a child that has special needs, and I want
to know if there's any way that I can cite
the order to return to the office and to continue
(00:39):
to work from home like I do already.
Speaker 4 (00:40):
Wow, yep, that's so common. So many officers have changed
the rules. It's gone from everyone stay home as long
as you like, and now they're saying everyone's got to
come back. I mean at least a few days a week,
five days a week. That's that's pretty major.
Speaker 3 (00:53):
Yeah, it's huge.
Speaker 2 (00:55):
Does it impact how you do your job?
Speaker 3 (00:58):
No, it would not make it any difference me staying
at home to continue to do my job. I think
I'd be more distracted in an office environment, to be honest.
Speaker 2 (01:06):
Wow, And I mean, is it a productivity issue? Do
you think?
Speaker 3 (01:10):
I don't believe so at all. I think the only
reason I've been given is to make a more harmonious
team environment.
Speaker 2 (01:18):
Ah.
Speaker 1 (01:19):
So they're concerned that people don't know each other within
the team, and they're trying to change the culture.
Speaker 2 (01:23):
I guess by the.
Speaker 3 (01:24):
Sound yeah, I guess.
Speaker 2 (01:26):
So are you willing to go in part time?
Speaker 3 (01:30):
I was going to offer them one day a week
and see what they say about that. But no, because
I literally don't have a support system, so I need
to pick my children up from school every day. I
don't have anyone that I can call, and so I
was going to offer one day a week where I
have something in place where I can go to the
(01:51):
office and work and do what is required or what
they want me to do. But I'm not prepared to
do more than that.
Speaker 4 (01:58):
What position were you in when you took the job.
Was it work from home right from the start or
did you start off in the office.
Speaker 3 (02:04):
I've never been in an office, and I was actually remote.
I was nowhere near an office. I was like, you know,
eight hours away from an office, and I when I
was interviewed, I was told it was work from home.
Speaker 2 (02:17):
Wow, okay, and what sort of area of work is it?
Speaker 3 (02:21):
So it's basically within the telecommunications industry.
Speaker 4 (02:25):
Okay, that seems like something you should be able to
do remotely. All right, well, let's ask our lawyer. We've
got Rolli o'reagan, who of course from Romo Law, and
he's going to run the rule over it. Let you
know where you stand.
Speaker 3 (02:36):
Okay, awesome, all right, we.
Speaker 4 (02:38):
Have Rolli o'reagan from Ramo Law in the studio with us. Rachel,
could you just ask your question to Rolli one more time?
Speaker 3 (02:44):
So, basically, I've been working from home for the past
eighteen months and a directive has come out saying that
I'm required to return to the office five days a week.
I've never worked in an office, by the way, and
I want to know is it something I can do
to fight this or proposal I can give the company
to stop me being required to work five days a
week in an office.
Speaker 5 (03:05):
What's your occupation, Rachel, I'm in the telecommunications industry, sure,
and how long have you been with this employer?
Speaker 3 (03:11):
For eighteen months?
Speaker 4 (03:12):
Okay?
Speaker 5 (03:13):
So your employment is governed under the National Employment Standards,
which is basically the minimum entitlement for all employees in Australia.
What I'd suggest for you to do is to send
your employer an email and put forward a proposal, and
then your employer's got twenty one days to provide a response,
(03:36):
so hopefully there'll be some sort of mutually beneficial outcome
for both the employer and yourself.
Speaker 4 (03:42):
Okay, what type of email? Does it need to be?
Carefully worded? Can it just be Hey, I'm not happy
with this and here's my suggestion I think so.
Speaker 5 (03:51):
Yeah, just set out sort of a chronology that the
fact that Rachel, you've worked from home since you've started
with this employer eight eight months ago. Do you have
any specific reason why you want to work solely from home.
Speaker 3 (04:06):
I moved to Queensland twelve months ago and I don't
have any family support system. But I also have a
special needs child.
Speaker 1 (04:12):
Okay, So an employer does not then have the right
to sack someone if they won't do it.
Speaker 2 (04:19):
Yes, they don't have the right.
Speaker 3 (04:21):
They don't have the right.
Speaker 2 (04:22):
That's good news, Rachel, that's really good new. Okay. So
are they forced?
Speaker 1 (04:27):
Like, for example, if Rachel goes back and says I'm
going to work from home, can I work from home
three days and go into the office too. Although you've
proposed one day, haven't you?
Speaker 4 (04:38):
Yes?
Speaker 1 (04:38):
So did then are they obliged to come back and
try and negotiate or can they say no to that?
Speaker 2 (04:44):
Like where is that? Who actually has the right here?
Speaker 5 (04:49):
It's a two way street.
Speaker 2 (04:51):
They must compromise though, exactly.
Speaker 5 (04:53):
Yeah, otherwise you can go off to the Fair Work
Commission and there'll be a conciliation. There'll be a long
drawn out process.
Speaker 2 (04:59):
Well, this is my next thing.
Speaker 1 (05:00):
So if she says one day and they say no,
and then what it's they'll come back saying for and
then maybe you'll get to three to two. Say, hypothetically
there might be a bit of horse trading, yes, but
if they cannot reach an agreement, it's not She will
not get sacked.
Speaker 4 (05:18):
No, oh rage, not legally anyway.
Speaker 2 (05:21):
Legally mate, let us know how you go.
Speaker 3 (05:25):
I will yeah, thank you so much for your health.
Speaker 2 (05:27):
Yeah, good luck, thanks, thank you.
Speaker 4 (05:30):
This advice is not the substitute for people seeking independent
legal advice for their own circumstances. They should consider seeking
their own legal advice.
Speaker 5 (05:38):
It's Robin on Brisbane's Kiss
All right the kiss ninety seven three Leiarah, Hey Rachel,
good morning morning. You sounds a little nervous, but I
think your question is one that so many people want
an answer to.
Speaker 2 (00:15):
What is it?
Speaker 3 (00:17):
So basically, I've been working from home for the last
eighteen months, five days a week, and about a month
ago an email came out stating that we are to
return to the office five days a week. And I
have a child that has special needs, and I want
to know if there's any way that I can cite
the order to return to the office and to continue
(00:39):
to work from home like I do already.
Speaker 4 (00:40):
Wow, yep, that's so common. So many officers have changed
the rules. It's gone from everyone stay home as long
as you like, and now they're saying everyone's got to
come back. I mean at least a few days a week,
five days a week. That's that's pretty major.
Speaker 3 (00:53):
Yeah, it's huge.
Speaker 2 (00:55):
Does it impact how you do your job?
Speaker 3 (00:58):
No, it would not make it any difference me staying
at home to continue to do my job. I think
I'd be more distracted in an office environment, to be honest.
Speaker 2 (01:06):
Wow, And I mean, is it a productivity issue? Do
you think?
Speaker 3 (01:10):
I don't believe so at all. I think the only
reason I've been given is to make a more harmonious
team environment.
Speaker 2 (01:18):
Ah.
Speaker 1 (01:19):
So they're concerned that people don't know each other within
the team, and they're trying to change the culture.
Speaker 2 (01:23):
I guess by the.
Speaker 3 (01:24):
Sound yeah, I guess.
Speaker 2 (01:26):
So are you willing to go in part time?
Speaker 3 (01:30):
I was going to offer them one day a week
and see what they say about that. But no, because
I literally don't have a support system, so I need
to pick my children up from school every day. I
don't have anyone that I can call, and so I
was going to offer one day a week where I
have something in place where I can go to the
(01:51):
office and work and do what is required or what
they want me to do. But I'm not prepared to
do more than that.
Speaker 4 (01:58):
What position were you in when you took the job.
Was it work from home right from the start or
did you start off in the office.
Speaker 3 (02:04):
I've never been in an office, and I was actually remote.
I was nowhere near an office. I was like, you know,
eight hours away from an office, and I when I
was interviewed, I was told it was work from home.
Speaker 2 (02:17):
Wow, okay, and what sort of area of work is it?
Speaker 3 (02:21):
So it's basically within the telecommunications industry.
Speaker 4 (02:25):
Okay, that seems like something you should be able to
do remotely. All right, well, let's ask our lawyer. We've
got Rolli o'reagan, who of course from Romo Law, and
he's going to run the rule over it. Let you
know where you stand.
Speaker 3 (02:36):
Okay, awesome, all right, we.
Speaker 4 (02:38):
Have Rolli o'reagan from Ramo Law in the studio with us. Rachel,
could you just ask your question to Rolli one more time?
Speaker 3 (02:44):
So, basically, I've been working from home for the past
eighteen months and a directive has come out saying that
I'm required to return to the office five days a week.
I've never worked in an office, by the way, and
I want to know is it something I can do
to fight this or proposal I can give the company
to stop me being required to work five days a
week in an office.
Speaker 5 (03:05):
What's your occupation, Rachel, I'm in the telecommunications industry, sure,
and how long have you been with this employer?
Speaker 3 (03:11):
For eighteen months?
Speaker 4 (03:12):
Okay?
Speaker 5 (03:13):
So your employment is governed under the National Employment Standards,
which is basically the minimum entitlement for all employees in Australia.
What I'd suggest for you to do is to send
your employer an email and put forward a proposal, and
then your employer's got twenty one days to provide a response,
(03:36):
so hopefully there'll be some sort of mutually beneficial outcome
for both the employer and yourself.
Speaker 4 (03:42):
Okay, what type of email? Does it need to be?
Carefully worded? Can it just be Hey, I'm not happy
with this and here's my suggestion I think so.
Speaker 5 (03:51):
Yeah, just set out sort of a chronology that the
fact that Rachel, you've worked from home since you've started
with this employer eight eight months ago. Do you have
any specific reason why you want to work solely from home.
Speaker 3 (04:06):
I moved to Queensland twelve months ago and I don't
have any family support system. But I also have a
special needs child.
Speaker 1 (04:12):
Okay, So an employer does not then have the right
to sack someone if they won't do it.
Speaker 2 (04:19):
Yes, they don't have the right.
Speaker 3 (04:21):
They don't have the right.
Speaker 2 (04:22):
That's good news, Rachel, that's really good new. Okay. So
are they forced?
Speaker 1 (04:27):
Like, for example, if Rachel goes back and says I'm
going to work from home, can I work from home
three days and go into the office too. Although you've
proposed one day, haven't you?
Speaker 4 (04:38):
Yes?
Speaker 1 (04:38):
So did then are they obliged to come back and
try and negotiate or can they say no to that?
Speaker 2 (04:44):
Like where is that? Who actually has the right here?
Speaker 5 (04:49):
It's a two way street.
Speaker 2 (04:51):
They must compromise though, exactly.
Speaker 5 (04:53):
Yeah, otherwise you can go off to the Fair Work
Commission and there'll be a conciliation. There'll be a long
drawn out process.
Speaker 2 (04:59):
Well, this is my next thing.
Speaker 1 (05:00):
So if she says one day and they say no,
and then what it's they'll come back saying for and
then maybe you'll get to three to two. Say, hypothetically
there might be a bit of horse trading, yes, but
if they cannot reach an agreement, it's not She will
not get sacked.
Speaker 4 (05:18):
No, oh rage, not legally anyway.
Speaker 2 (05:21):
Legally mate, let us know how you go.
Speaker 3 (05:25):
I will yeah, thank you so much for your health.
Speaker 2 (05:27):
Yeah, good luck, thanks, thank you.
Speaker 4 (05:30):
This advice is not the substitute for people seeking independent
legal advice for their own circumstances. They should consider seeking
their own legal advice.
Speaker 5 (05:38):
It's Robin on Brisbane's Kiss
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