After years of remote working in the wake of Covid, how feasible is it for employers to order their employees to return to the office? In recent months, Prime Minister Christopher Luxon has announced his expectation that government departments enforce stricter rules around working from home, citing that it would boost productivity.
Typically employment agreements specify an employee’s location of work. If that location is the office, then an employer can legally enforce the terms of the agreement and require the employee to return to the office. This is even if the employee has been working remotely primarily otherwise. However, even if an employer decides to enforce the location of work specified in the agreement, employees are still able to formally request a flexible working arrangement if they would like to retain the flexibility of hybrid working. It is important to bear in mind that an employer is entitled to refuse such a request, as long as their refusal is made on one or more of the grounds specified in section 69AAF of the Employment Relations Act 2000.
For further information about employment rights and obligations, please contact our Employment Law team.