Is working from home a human right? | 7.30

ABC News In-depth

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Video Summary

Victoria's proposed "right to work from home" legislation is facing significant backlash from business groups who deem it a "dangerous experiment" that could "bomb business back into the Stone Age." The bill, intended to give employees a legal right to work remotely two days a week if reasonable, has been criticized by legal experts as "ludicrous" for equating this with universal human rights. Despite the controversy, the government aims to pass the bill before the state election, though it has been delayed for further consultation with businesses.

Short Highlights

Victoria's proposed "right to work from home" legislation has been met with strong opposition from business groups.
The bill aims to grant employees a legal right to work remotely for two days a week, if deemed reasonable.
Critics argue the legislation is "ludicrous" and wrongly equates the right to work from home with universal human rights.
The government intends to pass the bill before the state election but has delayed it for further business consultation.
The legislation would shift the burden onto employers to justify why working from home is unreasonable.

Key Details

Opposition to the "Right to Work From Home" [00:00:00]

Business groups are demanding that the Victorian Premier scrap proposed legislation that would grant employees a right to work from home two days a week.
They describe the bill as a "dangerous experiment" that will "bomb business back into the Stone Age."
Concerns are raised that the bill flips the current system, requiring employers to justify why an employee cannot work from home.

This bill, if it goes forward, is going to bomb business back into the Stone Age.

Legal Experts Criticize "Human Right" Framing [00:01:10]

Workplace lawyer and Victorian Chamber of Commerce and Industry board member Dan Feldman calls the proposed change "absurd."
He questions the logic of calling it a human right if it's only available two days a week, comparing it to rights like freedom from discrimination which are not time-limited.
Eminent human rights lawyer Geoffrey Robertson notes that while it can be an enshrined legal right, it is not a universal human right like the right to life or freedom from torture.

If it's a genuine human right, how can it only be available for two days a week?

Shifting Burden and Dispute Resolution [00:02:35]

Employment lawyer Daniel Victory explains the current Fair Work Act offers a limited right to work from home, often requiring proof of caring responsibilities.
The new legislation would amend the Equal Opportunity Act, making the right more general.
Disputes over this right would initially go to Victoria's Equal Opportunity and Human Rights Commission, then potentially to the Victorian Civil and Administrative Tribunal.

The current system under the Fair Work Act provides a limited right to work from home with people with certain responsibilities or attributes.

Political Delays and Future Consultations [00:03:40]

Victoria's new Premier, Ben Carroll, has pushed back the implementation date for the work from home legislation from September 1st to July 1st, 2027.
He intends to consult further with businesses before reintroducing the bill to Parliament, despite the state election approaching.
The Treasurer acknowledges the bill still needs work and that time is limited before the election.