Employee Fired for Remote Work Despite Contract Allowing It
A recent ruling in Australia highlights the legal complexities surrounding remote work and employee rights. A Melbourne man, Richard Johnson, was dismissed from his position at the print software company PaperCut for not adhering to its return-to-office policy. This decision, made by the Fair Work Commission, deemed the company’s actions lawful despite Johnson’s claims that his employment contract allowed for remote work.
Background of the Case
Richard Johnson joined PaperCut in April 2022. At the start of his employment, the company’s policy permitted remote work. His contract required compliance with workplace policies, which he believed included the right to work from home.
Changes in Company Policy
- In August 2022, PaperCut sought to revise Johnson’s contract, specifying that his work location included both the office and his home.
- Johnson disagreed with this change and maintained that his original contract supported remote work.
In late 2024, PaperCut implemented a hybrid work model aiming for three days of in-office attendance by January 2025. On December 1, 2024, Johnson was informed that his primary work location would be changed to the office.
Final Warning and Dismissal
In May 2025, Johnson received a final warning about his failure to comply with the new office attendance requirements. This led to his dismissal on June 19, 2025, after he neither agreed to the changes nor provided a personal reason for his inability to comply.
The Ruling
The Fair Work Commission found the dismissal to be reasonable and aligned with Johnson’s contractual obligations. The ruling emphasized that employees must adapt to changing workplace policies and that PaperCut had communicated expectations clearly.
Comparison with Other Cases
Johnson’s case contrasts with another recent decision where a Westpac employee successfully challenged their dismissal under similar circumstances by formally requesting flexible working arrangements. This underscores evolving dynamics in employment rights concerning remote work.
Implications for Other Employees
According to legal expert Joellen Riley, employees wishing to contest return-to-office policies should explore flexible work arrangements first. However, access to this option may depend on specific personal circumstances, such as caregiving responsibilities or medical needs.
As companies like PaperCut navigate the transition back to traditional office environments, this case serves as a reminder of the importance of clear communication and the need for employees to understand their contractual obligations related to remote work.
