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Employees as carers - employers must consider reasonable work options |
Recent court decisions affirm that employers have to accommodate employees with family or carer responsibilities. This means they have to consider all available reasonable working options, though they might still reject job sharing proposals. |
An employee's family or carer responsibilities essentially refers to caring for or supporting a child or other immediate family member - a spouse, parent, grandparent, grandchild or sibling - who is in need of care or support. |
A case this year showed that when accommodating the needs of an employee who has carer responsibilities, it is not enough for an employer merely to consider whether it is possible to convert an employee's role into a par t-time position. The employer must also consider whether any other part-time or casual position is available in the organisation as an alternative. |
Mrs M was a business development manager employed on a three-year contract in 1999. In 2001 she told her employers she wanted to take 12 months' maternity leave. Her contract was due to expire during that leave and it was extended for a year to 3 January 2003. |
The court ultimately found that it was reasonable for the employer to have refused Ms M.'s proposal for job-sharing due to the need for consistency of approach and regular interaction with other staff, which would have been problematic had she been working partly from home, or shared her job with another employee. |
But it held that the refusal of part-time work for three days per week was unreasonable as suitable par t-time work was available in other positions within the company. |
The court awarded $30,000 for economic loss, $5,000 for non-economic loss and $3,600 interest. |
Peter McNamara |
peter.mcnamara@cml.com.au |
