Last week NSW Premier Chris Minns issued the C2024-03 NSW Government Sector workplace presence, stating that government sector employees should work principally in an approved office, workplace or related work site, with mandatory compliance by executive agencies.
While the debate rages for and against this decision, and agencies begin to plan around implementation, legal issues to consider include:
- complying with existing policies regarding flexible work arrangements
- ensuring that any workplace rights such as carers responsibilities are not impacted
- ensuring that any accommodation required for staff with disabilities are implemented
- checking whether there are any contractual restrictions on the direction being given to staff
- ensuring that there is flexibility for the employing agency to modify or terminate any flexible working arrangement.
The public sector is not the first to grapple with these issues. Our private sector clients have for some time been managing the legal and cultural challenges in implementing a successful transition of staff back into the office.
Our Workplace Relations & Safety team can assist with the legal aspects of implementation of the direction to return to work as well as with any claims or disputes that may arise.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.