Balancing the Act: ADCQ newsletter - issue 28 (Winter 2010)

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Working with family responsibilities

Workers are seeking more flexibility from their employers as families struggle to meet their financial and family obligations. With more women entering the workforce, more single parents working, more men taking on an active parenting role and more two income households, families are finding it increasingly difficult to meet the needs of both their work and home life.

‘Employees should not be asked to make a choice between their family and their job’, said Acting Commissioner Neroli Holmes.

'Smart employers are recognising that employees genuinely need flexibility to attend to their family’s needs and are responding with a broad range of initiatives like flexible hours, part-time work, set shifts, shift swapping, work “buddies”, job sharing and working from home arrangements’.

The law in Queensland has long recognised the need for flexibility in employment to better cater for work-life balance.

Under the Anti-Discrimination Act 1991 (the ADA), it is unlawful to discriminate against a person because they are planning a family, pregnant or because they have responsibility for the care of children or close relatives.

Because each employer’s and employee’s needs are different, the key to negotiating a flexible and productive workplace is good communication and mutual respect. It is important to ensure the flexible arrangement works for everyone.

‘With rights, go responsibilities’, says Ms Holmes. ‘Employers have a right to expect a fair day’s work for a fair day’s pay and that the needs of their business are met. They also have a responsibility to listen to their employees and consider whether there are other ways the employee can meet their responsibilities to the job.

Employees have a responsibility to do their job to the best of their ability, and also have the right to talk about possible flexible arrangements with their employer without fear of being punished in any way’.

Where a worker has sought a flexible work arrangement and it has been unreasonably refused, a discrimination complaint can be made to the Anti-Discrimination Commission Queensland (the ADCQ) on the basis of family responsibilities or parental status.

Employers shouldn’t be afraid of approaching the ADCQ for help and information, before or after a complaint is made.

‘Our job is to try to resolve complaints by helping both employers and employees understand their rights and responsibilities under the law’, Ms Holmes said. ‘We have a confidential telephone information service to assist employees and employers. If a complaint is made to us, our conciliators are impartial and are there to help all parties understand the law. They appreciate the pressures on both employers and employees and try to find solutions that suit all concerned’.

The ADCQ confidential telephone information service can be contacted by both employers and employees on 1300 130 670.

Back to table of contents for issue 28.