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View Full Version : Refusing an employee's request to return to work part-time constituted constructive dismissal



Newshound
24-07-2013, 11:28 AM
When an employee comes back from parental leave and requests varied work arrangements, employers must seriously and genuinely consider the request and any potential consequences of granting it.

Employers must be aware of terms in their enterprise agreements that provide employees with a right to request to return to work from a period of parental leave on a part-time basis because such terms may be construed as providing employees with a presumed right to return to part-time work.

This scenario was recently considered by the Fair Work Commission, which held that an employer constructively dismissed an employee when it refused the employee's request to return to part-time work following a period of unpaid parental leave.

Read more of this article from Clayton Utz here (http://www.claytonutz.com.au/publications/edition/18_july_2013/20130718/refusing_an_employees_request_to_return_to_work_pa rt-time_constituted_constructive_dismissal.page)