Queensland government loses legal fight to stop worker only being in the office one day per week

A public servant has had a massive win in his fight with a state government over working from home arrangements.

A public servant has won his bid to work from home despite multiple appeals by his employer, the Queensland government, to force him into the office on a more regular basis.

The state government lost its legal fight to overturn a decision giving a formerly office-based Queensland Health worker the right to only work in the office one day each week.

Queensland Health failed in their appeal to stop their employee from working from home. Picture: Generic

Daniel Hume, who worked as a manager in the infrastructure analysis and reporting team of the corporate services division of the Queensland Health Department, had applied to work entirely from home on March 9, 2021.

Mr Hume had told his manager working from home made him more productive and enabled him to spend more time with his family.

However, his request was ultimately denied by senior director Fiona Brewin-Brown, who instead informed Mr Hume he needed to come into the office two days for one week and three days the next, according to court documents.

Mr Hume took his fight to work from home full-time to the Queensland Industrial Relations Commission, arguing Queensland Health did not take into account his circumstances.

He also argued that by working at home he encountered fewer distractions and more time to exercise because he didn’t have to commute.

The worker was granted approval to work from home.

He also claimed it would allow him more time with his young family.

The QIRC ruled in August 2022 in favour of Mr Hume but stipulated he only had to work in the office one day each week.

However, Queensland Health appealed the decision in the state’s Industrial Court, arguing that by spending more time in the office Mr Hume could avoid a sedentary lifestyle and had a better chance at being able to switch off after work.

They also argued that his job required face-to-face interactions as part of his role.

Industrial Court deputy president John Merrell threw out Queensland Health’s appeal on March 1, stating the QIRC decision was correct and should stand.

Mr Hume resigned from his Queensland Health job in August 2022, on the same day as the QIRC handed down their ruling.

Originally published as Queensland government loses legal fight to stop worker only being in the office one day per week