According to the law, an employer cannot relocate an employee if travelling to the new destination would cause unreasonable hardship to the employee. For example, requiring an employee to travel to a new state is more likely to impose unreasonable hardship than requiring them to travel to a location that is near their home.
The factors that employers need to consider before making such a decision include:-
- Distance of the relocation;
- Whether or not the employee’s Contract of Employment expressly states that they may be directed to work elsewhere from time to time;
- The impact on the employee’s remuneration;
- Adverse effects on the employee’s family responsibilities and lifestyle; and
- The impact on the hours of work available to the employee.
If the relocation does impose unreasonable hardship on an employee, he or she may be entitled to commence an unfair dismissal claim, claims for redundancy pay, or for breach of the employment contract. Any such Application for unfair dismissal must be lodged within 21 days.
If you believe that you have been unfairly relocated, or if you need legal advice on a possible breach of your employment contract, contact Brazel Moore Laywers on (02) 4324 7699 to obtain legal advice from an experienced lawyer.