Protection for flexible work arrangements under the act

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Reference no: EM133681852

Question

Lloyd's Home Services (Lloyd's) provides any and all services which a busy homeowner might need: lawn mowing, gardening, cleaning, pet care, and small repair jobs. Rose has been employed by Lloyd's for two years, doing mainly mowing and gardening work and pet care. However, she also occasionally helps out in dispatching by answering phones and taking job orders on days she has no client work. She works 30 hours a week Monday-Friday and spends the rest of her time with her kids. The manager of Lloyds, Andy, feels that home service is really a job suited to men. He continually finds fault with Rose's work and gives her low performance evaluations. The company has just decided to expand into weekend work, and Andy has decided to put Rose on the new weekend shift starting next month. Rose objects, saying that she should not have to work on the weekends, as that is when she spends time with her family. She has asked for flexible work arrangements so she can spend time with her family. Lloyds refuses and said it did not fit into his business model.

Rose is tired of working for what she feels is low pay and bullying behaviour. She wants to start her own housecleaning business out of her home. Rose has access when she is dispatching to Lloyd's customer lists for housecleaning jobs. She has contacted some of the clients on the list for whom she has worked to tell them that she plans go out on her own next month. She has asked these clients if they would like to book a cleaning with her new business.

- Identify whether Lloyd's has breached the National Employment Standards (NES) under the Fair Work Act 2009 (Cth).?

- Discuss whether Rose has followed the correct procedure to enact her protection for flexible work arrangements under the act?

Reference no: EM133681852

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