CEO, FEMPIRE | Business Strategist and Coach | 35 + Years in Finance and Business | Straight Talking. Commercial. No Fluff.
October 14, 2026
I’m 56. I hate driving at night, I have very little patience for traffic, and three hours in a car could see me needing a loo break in the middle of a traffic jam. So when I saw a headline about a 63-year-old who’d taken her employer to the Fair Work Commission because her commute had got harder with age, I read every word.
Then I read it again as an employer, the side of the table I’ve sat on for most of my career. That second read is where it got interesting.
Michele Duffy is 63 and a student adviser at Victoria University. She asked to work from home two days a week because the commute was wearing her out. Her manager offered one day, Fridays. She took it to the Fair Work Commission. Here’s the kicker: the Commission agreed the university had good business reasons to say no to two days. But it hadn’t answered her within the 21 days the law requires. How on earth does a university, with a whole HR department, miss that?
I spent around 30 years working under a licensee. If a request came in, you answered it, on time, in writing. No excuses.
But for me the deadline isn’t really the story. I think this case shows the need to have a conversation, and to provide a workplace that meets the needs of the business and the employee. She wanted two days. They offered one. Surely there was a conversation to be had in there somewhere.
Most employees won’t automatically look at the law and request something unless there’s an underlying issue. So, if a request lands on your desk in writing, ask yourself what’s really going on. Is it fatigue? Is it ageism? Is it a concern for safety, driving home in the colder, darker winter months? You won’t know unless you ask.
I’m fortunate. I work from home. Many people don’t have that luxury, and as employers we need to understand that sometimes reactions come from fear. Often an open and honest conversation can reach a compromise.
The law in a nutshell: if someone is 55 or over, a parent, a carer or living with a disability, they can formally ask for flexible work. You have 21 days to answer in writing. To say no, you need a genuine business reason: it costs too much, you can’t cover it, or it would hurt productivity or service to your customers. “I prefer people in the office” won’t hold up.
And before you can say no, the law says you must have discussed it with them and genuinely tried to reach agreement. The conversation isn’t optional. Get it wrong and the Fair Work Commission can decide for you. That’s Australian law, but most countries have something similar.
Don’t sit and read this and think it won’t apply to you. If you have any of these types of employees, they’re entitled to ask. I’d say this is likely to catch many of my business clients, and most of them probably aren’t even aware of it.
And it’s not only older staff. Parents can ask too. Westpac lost a case to a working mum who wanted to work from home so she could do the school runs for her two six-year-olds. The Commission found the bank missed the 21 days, didn’t genuinely engage with her and didn’t give clear reasons. If a major bank can get it wrong, so can you.
Plenty of employers have said no and won, because they did it properly. Decide now how you’d react and what you could accommodate, rather than when it’s time critical and you’re on the back foot.
And think about who you’re dealing with. Your older staff often hold the client relationships and know how things actually get done. It costs you to recruit and train someone new, and clients often follow good people out the door. Is two days at home really worth losing them over?
If you’re a small business, you are the HR department. When the request comes in, sit down and talk. Find what works for them and for the business. Then put it in writing, on time.
This is general discussion, not legal advice. Get specialist advice on your own situation.
If you’re not sure how you’d handle a request that landed tomorrow, book a private consultation.
This piece first appeared on my Substack. Subscribe here.
Trudy Heins,
Strategic Business Consultant | Retired Certified Financial Planner