I thought we agreed I could work from home. My boss now says ‘no’

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column Got a Minute? This week: an unscheduled “back to office” directive, reapplying for your job while on leave, and is it discriminatory to advertise a job in a language other than English?

It’s difficult to push back on a return to office directive when the WFH arrangement was a verbal agreement.Credit: Dionne Gain

I work for a small not-for-profit and tried to resign 18 months ago due to stress caused by the chief executive, who is a micromanager and a bully. The chief executive asked me to reconsider and agreed I could work from home. My contract was not updated to reflect this change, and I did not follow up with an email confirming our verbal agreement. Now, all remote workers have been asked to return to the office for at least the next month and maybe beyond. I believe this is in breach of my contract. What do I do? We have no HR department, and my manager does not have my back.

There is no point in focusing on what didn’t happen other than to remember for the future – always document important changes to your working conditions. Given how long you were working to a verbal agreement, I was curious about whether that implied a change to your written contract. Sarah Queenan, managing director of Humanify HR Consulting, confirmed that it is very difficult to prove and enforce a verbal agreement. Ultimately, a court (if you wanted it to go that far) will most likely look to the original written document.

What did stand out is the bullying you have experienced. Regardless of where you physically work, you are entitled to a safe working environment. If you have been bullied or are continuing to be bullied, this is something you can take action on. If there is no one at work you can speak to, contact the Fair Work Ombudsman to learn more about your rights.

I work for a government department, and my position has been deleted. I must reapply for one of fewer roles. The process, which involves submitting my CV and attending an interview, will occur while I am on annual leave. My leave was booked before the restructure was announced. I would like to use my right to disconnect. I don’t want to spend my annual leave preparing for a job interview and then attending one when I get back, but I really need to win one of the few positions going. What are my rights, and what are the obligations of my employer?

I completely understand your challenge – you want to be in the best position to be considered for a new role and, at the same time, your former boss has already approved your leave. Contact whoever is co-ordinating the application process and explain your predicament. There will probably be a process or policy to cover this kind of scenario, and hopefully, a suitable way forward can be found. Approach the conversation positively to understand how you can help find a workaround.

If your department requires you to participate during your leave, you could request alternative arrangements, such as an interview before or after your return. If no fair solution is offered, you may wish to escalate the issue to HR or your union to ensure you are fairly treated.

Because you want the discussion to be as constructive as possible, I would avoid referencing the new right-to-disconnect laws right off the bat. That feels like using a hammer when a gentle nudge may work. Good luck!

I frequently see job ads on LinkedIn for roles within Australia, but the ads are written in a language other than English (with no translation provided by the employer). Given that anti-discrimination laws protect discrimination against race, is it legal to advertise positions in such a manner that serves to target a specific ethnic demographic?

You are right to think job ads written only in a language other than English may raise legal concerns under anti-discrimination laws. There are some exceptions. For example, if a specific language is an essential job requirement (e.g. a role requiring fluency in Mandarin for a business serving Mandarin-speaking clients), the ad may be justified.

If an employer has written an advertisement only in a non-English language, and there is no clear requirement to do so, it may be seen as indirect discrimination since it effectively limits the applicant pool to a specific language group. While this is not always illegal, it runs the risk of being challenged.

To submit a question about work, careers or leadership, visit kirstinferguson.com/ask. You will not be asked to provide your name or any identifying information. Letters may be edited.

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