Sisters In Law: Do employers need to supply work from home equipment?

She said the company she is working for is “raking it in” but they refused to provide her with a laptop or chair and just told her to “make do”.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on what employers need to do to ensure staff have a proper working from home set-up.

Question: I work for a delivery company that has seen business skyrocket during Covid. We honestly can’t keep up with demand. My job is desk-based so I’m currently working from home.

The problem is my company hasn’t supplied us with what we need to do our jobs adequately from home. I’m using a personal laptop that’s old and doesn’t work properly and I don’t have a suitable desk or chair. My boss says working from home is “temporary” so we just need to “make do”.

But the lack of decent equipment is adding upwards of two hours to my day and I don’t get paid overtime. I feel very frustrated as I know the company is raking it in. Where do I stand legally? – Deb, Vic

The lack of decent equipment is adding upwards of two hours to Deb’s day as she doesn’t have a proper working from home set-up. Picture: iStock

Answer: The situation you have described certainly doesn’t sound fair, and you likely have some legal rights you can pursue.

Firstly, with respect to your workstation, state workplace health and safety regulators advise that employers have a duty of care for the health and safety of their employees, which extends to working from home arrangements.

To meet this duty of care, your employer should take reasonable steps to ensure your home workstation meets workplace health and safety requirements.

This might include assessing your work area, providing guidance on setting up a safe home office, allowing you to borrow equipment from the office, or reimbursing you for the reasonable costs of buying equipment.

If you suffer an injury working from home because of what sounds like a poor ergonomic set-up, you will likely be entitled to workers’ compensation.

Employers could be liable for any workplace injuries from a poor ergonomic set-up. Picture: iStock

Your employer should also ensure you have appropriate computer equipment required to perform your work – not leave you to resort to an old, personal laptop.

In fact, if your employer refuses to allow you to borrow a computer from the office, and then requires you to dip into your own pocket to buy a new laptop for work (for their benefit) without any reimbursement, they may breach the law.

Even if there is a term in your employment contract – or the industrial instrument that relates to your employment – requiring you to purchase your own equipment, this could also be unlawful.

Further, spending your own money to cover the cost of internet usage, power and maintenance may be an unreasonable requirement and contrary to law.

If your employer was to turn around and say that they will purchase a new laptop and workstation equipment for you, but a deduction will be made each week from your salary to pay them back, that too could be considered unlawful.

There are many factors that would be considered in these situations, so you need to be careful how you navigate the issues and, where possible, confirm your requests to your employer in writing and seek legal advice if you are uncertain.

If your employer was to turn around and say that they will purchase a new laptop and workstation equipment for you, but a deduction will be made each week from your salary to pay them back, that too could be considered unlawful. Picture: iStock

Finally, to your point of working an additional two hours per day and not being paid overtime, this could amount to underpayment of wages.

Minimum wages, minimum conditions and minimum awards exist under the Fair Work Act, and breaching those conditions is unlawful.

The amount you are required to be paid, including any overtime, will depend on what is in the industrial instrument that covers your employment.

You’ll need to know if you are covered by a modern award, an enterprise agreement or the National Minimum Wage order to ensure you fully understand your entitlements.

You may also have a written employment contract which can supplement any industrial instrument that applies to your employment.

After you have worked out what you are covered by, you should be able to determine if you are being paid less than you are entitled to and your eligibility for penalty or overtime rates.

The first step would be to raise this with your employer, both verbally and following up in writing, as some disputes can be resolved that way.

Any written correspondence with your employer should outline why you think you are being underpaid, the amount of the underpayment, a detailed calculation as to the total and a request for reimbursement.

Minimum wages, conditions and awards exist under the Fair Work Act and a breach of conditions is unlawful. Picture: Getty Images

There are provisions of the Fair Work Act that prevent an employer from taking any “adverse action” (such as termination) against you because you queried your pay.

If you aren’t able to resolve the issue with your employer directly, you should lodge a complaint with the Fair Work Ombudsman.

The final step is court. For underpayments of less than $20,000 there are court processes which are less formal and usually quicker than other court proceedings to try to recover the money.

Since July 1 in Victoria, it has been a crime for an employer to deliberately and dishonestly underpay employees, so your employer may be criminally liable.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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