ANZ worker ‘scared of Covid’ loses bid to work from home permanently
An ANZ worker who feared catching Covid has lost her bid to work from home full time, and it could have major consequences for every Australian office worker.
An ANZ worker who did not want to return to the office for fear of catching Covid has lost her bid to permanently work from home, with the Fair Work Commission finding her request “simply unreasonable”.
Deborah Lloyd, a Melbourne project business analyst, lodged an application to the Fair Work Commission in February after ANZ rejected her request to work from home five days a week full time instead of returning to the bank’s Docklands headquarters.
ANZ refused the 62-year-old’s plea, after finding there was no medical reason to support the request. The bank also noted the expectation that staff spend a minimum of half of their time in the ANZ workplace is “already a significant amount of flexibility”.
After a tribunal, Fair Work Commission deputy president Ian Masson handed down his judgment this week, ruling on ANZ’s side.
“The premise of Ms Lloyd’s case appears to be that ANZ is required to accommodate her fears about attending the workplace due to the risk of contracting Covid,” Mr Masson said in his judgment.
“That ANZ should be expected to accommodate those fears, no matter how disproportionate those fears may be to the risk, is simply unreasonable.”
Mr Masson also acknowledged the bank had proposed measures to help mitigate concerns held by Mr Lloyd, who has been a permanent employee of ANZ since 2015.
“While Ms Lloyd may choose to take precautionary measures in her private life to protect herself against the risk of contracting Covid, that does not oblige ANZ to accept or apply measures in the workplace beyond what is reasonably practicable, particularly when community and workplace restrictions were relaxed by the Victorian government almost two years ago,” he said.
During the tribunal, Ms Lloyd argued her presence in the office was unnecessary, explaining her job sees her interact with team, based in India, over video meeting platform Teams every second day.
She said she also met with Melbourne-based employees over Teams as they were located in different buildings.
Ms Lloyd argued she should work from home given her age and World Health Organisation (WHO) advice she was at a higher risk of suffering serious illness if she caught Covid.
However, ANZ told the tribunal Ms Lloyd had occasionally attended the office up until November 2023, had recently travelled interstate to care for her mother, and occasionally left her house for “required tasks”.
“In doing so, you have shown that you can and do break from your reported self-isolation despite the concerns you hold. On this basis, ANZ believes the attendance expectations it holds of you are not unreasonable,” the bank said.
Ms Lloyd’s lawyer, Peter Vogel said she was considering appealing the decision.
Mr Vogel told The Sydney Morning Herald the litigation “raises serious issues which concern a lot of Australian workers”.
Fears working from home could be axed
The decision comes as AFL star Anthony Koutoufides, who is running for Melbourne’s lord mayor, caused a stir this week after boldly declaring his “first priority” would be to send government and corporate workforce back into the city, if elected.
“We will work with the state government to introduce new laws that government and corporate workers must work at least four days a week in their office to enliven the city,” the Carlton FC great said.
The proposal was met quickly with a flood of criticism, with Victorian Trades Hall Council secretary Luke Hilakari saying the lord mayor of Melbourne had “no right or ability” to intervene in working arrangements between workers and employers.
“Since the pandemic many city-based workers have developed new ways of working that better serve the needs of their families, increase productivity and reduce stress,” Mr Hilakari told news.com.au.
“We’re not going to give all that up for Anthony Koutoufites or anyone.”
Similar concerns have erupted across the border in NSW after Premier Chris Minns announced earlier this moth working-from-home privileges introduced in 2019 would be coming to an end in a move that would see public servants forced back to the office.
The Victorian Government earlier this month insisted it won’t change its directives to staff.
“We have no plans to roll back the existing flexible working arrangements,” a statement from Premier Jacinta Allan’s office read.
“We know that flexibility in the workplace helps more women stay in work and more women in the workforce is better for everyone.
“Any public servants from New South Wales who like flexibility in their workplace should consider moving to Victoria.”
ANZ told news.com.au it was pleased the tribunal found the bank’s position was not unreasonable declined to comment out of respect for its employee.
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