What are my rights?
We get it, you have been working from home successfully and you don’t want to return to work. Or maybe you can’t work from home and have been stood down but now your employer wants you to return to work and it doesn’t feel safe. First, we suggest you read:
- Jobkeeper fact sheet
- JobKeeper directions
- Performance management while working at home
- COVIDSafe plan
If you don’t think the direction to return to work is reasonable you should tell your employer why and notify them you are raising a work, health and safety issue that requires issue resolution in writing and in accordance with work, health and safety legislation.
Here is what you can say, obviously amend to suit your personal circumstances:
I acknowledge your direction to return to work but I do not consider it a reasonable request because:
- I/a member of my immediate family is at more serious risk of illness with COVID19
- I have caring responsibilities and, until my children can safely return to their usual care, I cannot return to the workplace
- I have not seen the workplace COVIDsafe Plan and have not been consulted about the Plan
- It does not consider that I have to use public transport and will be required to attend work earlier or later to avoid using it during peak hours
- Insert any other genuine and rational basis for holding the belief the direction is not reasonable.
I’d like to set up a time to discuss this with you and come to an agreement about how I can continue my current arrangement until it is safe for me to return to work.
I note that in accordance with the default issue resolution procedure, I am entitled to be assisted by or be represented by a person I nominate and I nominate [insert name of representative, a member of Resolution123 can be a representative] to be my representative in the discussion.
In raising this issue I am exercising a workplace right and it is unlawful to take adverse action against me because I raised the issue. I intend to continue in my current arrangement until this issue can be resolved.
If you would like to discuss this template before you send it, you would like us to be your representative or things have escalated and you need help resolving this issue please book a consult with us.