As businesses continue to be impacted as a result of coronavirus (COVID-19), many businesses have been rushing to implement initiatives such as employees working from home. Given the business climate uncertainty it is easy to overlook important HR and obligations employers have which we have summarised.

With numerous Australian businesses having to temporarily cease trading or undertake drastic measure to continue operations, coronavirus has already had major impacts on the workplace from an HR, WHS, workers compensation and related matters. In following Australian Government advice businesses have had to:

  1. temporarily close – pubs, cafes/restaurants (non-take away), gyms, etc
  2. transform normal business operations by transitioning some/all employees to work from home or
  3. essential services (such as healthcare providers, supermarkets, pharmacies, etc) remain attempting to operate

Which of the 3 categories a business falls under, there are often important steps that are overlooked or forgotten in the rush to attempt to maintain some sense of business continuity in unprecedented times.

In making decisions, employers need to be are of:

  1. Working from Home Policy should be an part of existing HR Policies and Procedures
  2. Relevant awards, employment agreements/contracts or enterprise agreements
  3. Physical & mental health related issues

Working From Home

Australian Workplace Health and Safety (WHS) laws (link to previous article) require businesses to eliminate or minimise risks to the health and safety of workers in ways that is reasonably practicable. Having some or all workers transition to working from home because of coronavirus concerns falls into this an employers’ duty of care. Employers who let their employees work from home need to also assess the risks and ensure employee safety in that external “work environment”. When businesses rush to implement new processes (such as working from home), it can be challenging without the benefit of existing processes, policies and procedures. Businesses need to balance various risks and be aware of the consequences (such as possible workplace injuries sustained in the home work environment, resulting workers compensation claims, etc.).

Employers should also be mindful of relevant employment agreements/contracts, enterprise agreements and awards when either asking employees to work from home or responding to an employee’s request to do so.

In helping mitigate risks, businesses should implement and communicate:

  • Working from Home HR Policy – including eligibility criteria, expectations, performance, productivity, use of technology for a virtual workplace (Microsoft teams, Google hangouts, etc)
  • Workplace Safety Assessment – individual check-list or WHS
  • Ergonomic Assessment – either self-assessment, virtual or onsite assessments conducted by allied health professionals

Awards, Employment or Enterprise Agreements

Every workplace is different and therefore each business needs to consider the implications of relevant award, enterprise or employment agreements before taking action. If in doubt speak to industrial or workplace relations lawyer. Our legal provider can often assist with initial free advice with specific actions requiring fees

Physical & Mental Health Related Issues

For employees who are accustomed to and appreciative of “normal office life” and regular social interactions in the workplace, the shift to working from home as a result of social distancing procedures during the COVID-19 pandemic might cause a surprising deterioration of mental health. Physical wellbeing is also impacted by home workspaces not being ergonomic and therefore risk of injury increases. Home workplaces can also become more sedentary with people not having to travel to work or other activities associated with a typical non-home based workplace.

According to Heads up Organisation, home working brings its own challenges when it comes to staying physically and mentally healthy. Feeling isolated, working excessive hours or fighting temptations to polish off the leftover ice-cream are some examples of the issues for working from home.

Top 5 suggestions for helping maintain physical and mental health whilst working from home include:

  1. Have dedicated separate workspace
  2. Maintain a healthy work-life balance by logging your time and setting limits
  3. Staying active by getting out of your chair every hour (or during phone calls) and get outside at least once a day
  4. Use a good chair
  5. Keep your kitchen stocked with healthy snacks and meals

If you need help, please contact us to discuss.

For further information, please refer to:

Source: ABC
Title: Coronavirus COVID-19: How to look after your mental health when working from home
Read Time: 2 minutes

Source: InsideHR
Title: The employment related implications of COVID-19
Read Time: 5 minutes