Are Work-from-Home Rights or Privileges? Debate Intensifies

The landscape of remote work continues to evolve as the debate over work-from-home (WFH) rights versus privileges escalates. Nearly six years after the onset of the COVID-19 pandemic, significant legal developments have influenced how workplaces handle remote arrangements.

Recent Legal Developments Shape WFH Policies

One of the crucial moments in this ongoing debate occurred recently when the Fair Work Commission ruled concerning a Melbourne worker’s dismissal. This worker was terminated for not complying with a new policy that mandated three days in the office. However, their original employment contract allowed for remote work.

This decision is being interpreted as a victory for employers. It allows companies to enforce their working policies even when pre-existing contracts may suggest otherwise.

Employee Rights in the Workplace

Contrasting this ruling, another case from late 2025 highlighted the success of an employee at Westpac. The Fair Work Commission determined that she did not have to follow the bank’s requirement of reporting to the office two days a week. This reflects a broader trend of employees advocating for their WFH rights.

As the Fair Work Commission prepares for more cases, they serve as indicators of the evolving nature of workplace policies. However, it is important to note that each ruling is based on specific circumstances, leaving no room for general conclusions about broader trends.

Employers Retain Control

Despite the shifting balance of power during the pandemic, employers still maintain significant control over work conditions. They set policies for workplace settings and ultimately decide on hiring and termination.

Current employment contracts often stipulate that employers can change the working location of their employees. This gives employers flexibility as they adapt to changing work environments.

Trends in Remote Work

Recent studies show that around 25% of workdays globally involve remote work. Research by Professor Nick Bloom from Stanford University indicates that this percentage has stabilized after a significant increase since the pandemic began.

• 46% of employed Australians, approximately 6.7 million individuals, work from home at least occasionally.
• A threefold increase in remote work compared to pre-COVID levels.

The rise of hybrid work has become a standard part of many organizations, allowing for more flexible arrangements. Nevertheless, companies need to craft reasonable policies that meet the needs of both employees and employers.

The Ongoing WFH Debate

The conflict surrounding WFH rights and privileges is far from settled. Legal disputes will persist as both sides navigate the complexities of workplace arrangements. Employers and employees alike must engage in fair negotiations to create reasonable expectations and policies.

In this uncertain landscape, neither side can claim a complete victory. The WFH wars are likely to continue for the foreseeable future, influencing work culture and policies at organizations around the globe.