A "KNEE-JERK" reaction to a part-time work request has cost a company $16,000.
In Reddy v International Express, the New South Wales Administrative Decisions Tribunal found the company had discriminated against a female employee by failing to allow her to return to work from maternity leave on a part-time basis.
The applicant in the case was the company’s customs manager.
She wrote to her employer two months before her maternity leave was due to end requesting to return to work on a part-time basis.
The employer wrote back to her three days later refusing her request.
The employee again sent a request for part-time work saying she could not work full-time and properly care for her child.
That entreaty was also rejected.
Suggestions to avoid recurrences of the Reddy v International Express case include:
• Discuss with employees any perceived difficulties with their proposal but keep an open mind to other possible options such as job sharing;
• Give due consideration as to whether the proposed arrangement could work in the short or medium term; and
• Consider adopting the proposed arrangement on a trial basis, especially if the employee has proposed being “on-call” on days off.
Bruno Di Girolami, partner
9429 7644
Minter Ellison