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WFH not a 'right' in adverse action dispute: court

An employer had "no case to answer" regarding an employee's alleged work-from-home rights, but whether she was bullied after requesting flexibility remains to be determined, the Federal Circuit Court has ruled.

At a hearing of the employee's adverse action claim, the employer – Australian Carers – and its national operations manager made a 'no case to answer' application to the Court regarding various aspects of her amended statement of claim.

They argued some of her allegations were not workplace rights under section 341 of the Fair Work Act and therefore her claim had to fail...

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