WRC Considers Employer Obligations Following Request For Remote Working

In a recent decision of the Workplace Relations Commission (“WRC”) in Alina Karabko v Tiktok Technology Ltd ADJ-00051600, the Complainant alleged the Respondent did not fully consider her application for fully remote working arrangements in accordance with the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) and the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working (the “Code”). The Complainant alleged that the Respondent disregarded her needs in their decision to refuse her request for remote working and did not consider the request in an objective, fair and reasonable manner. The Respondent rejected the claim in its entirety.

Facts: According to the case put forward by the Respondent, the Complainant was employed as a Core Operations Specialist within the Respondent’s Core Operations Team, commencing on 24 January 2022. The Respondent submitted that the Complainants contract, signed in January 2022, provided that her normal place of work would be the Dublin office. However, her contract further stated that due to the covid-19 pandemic the Respondent may require her to work remotely from time to time, which the Complainant did on a full-time basis. The Respondent’s submitted that in July 2022, a non-mandatory Return to Office (RTO) policy was issued, providing for employees to work 2 days from the office, whilst encouraging 3 days on site. However, the Complainant was permitted to work full time from home during 2022 on a discretionary individual basis.

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