Flexible Work Arrangements: What Constitutes Reasonable Efforts?

By Chris Hartigan and Deborah Itzkowic

While there is no blanket requirement that an employer must provide flexible work arrangements for employees under NSW law, "reasonable efforts" must be demonstrated.

The decision in Tleyji v TravelSpirit Group [2005] NSWADT 294 provided a reminder to employers of their obligations when responding to issues arising in the workplace concerning carer's responsibilities.

Ms Tleyji claimed that there had been a change in the conditions of her employment on account of her gender or carer's responsibilities. The Tribunal rejected this claim. The Tribunal also said the company was not obliged to offer her the part-time position it advertised. However they did uphold the claim that the company's refusal to allow Ms Tleyji to work part-time on return to work was discriminatory. They had not made "reasonable efforts to accommodate her request to work part-time. The Tribunal also made some suggestions to the company on what action they could have taken.

LexisNexis Butterworths Employment Law Bulletin; vol. 12, no. 3