Flexible work arrangements for employees may be in jeopardy after the largest discrimination damages award ordered in Victoria was sent back on appeal to the state’s Civil and Administrative Tribunal.  The tribunal award of more than $150,000 was awarded against the Victoria’s Department of Parliamentary Debates. 

The tribunal had found the department indirectly discriminated against Hansard reporter Deborah Schou on the ground of family responsibilities by failing to provide her with a modem, which prevented her from working at home two days a week.  

But the Supreme Court found the tribunal did not sufficiently consider the reasonableness of the requirement that Ms Schou needed to work full-time on-site.

Christy Ziss, a solicitor at Freehills, said the decision may have implications for larger employers “who to date have felt that they are obliged to accommodate all requests for flexible work arrangements”