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Can your employer force you back to the office?

Can your employer make you return to the office?

In many cases, yes. An employer may be able to direct an employee to return to the office if the direction is lawful and reasonable, consistent with the employment contract, supported by workplace policies, and implemented fairly.

However, this does not mean every return-to-office direction is automatically valid.

Whether your employer can force you back to the office will depend on several factors, including your employment contract, any work-from-home agreement, your role, the reason for the direction, whether you have a flexible working arrangement, and whether your personal circumstances trigger protections under discrimination laws.

The issue has become more common as Australian employers continue to move away from pandemic-era remote work arrangements and reintroduce office attendance requirements.

The general rule: employees must follow lawful and reasonable directions

Australian employees are generally required to follow their employer’s lawful and reasonable directions.

Whether the direction is reasonable depends on the circumstances. Relevant factors may include:

  • what the contract of employment provides for the location of work
  • whether the employee was originally employed as a remote worker
  • what the workplace policies provide
  • whether the employee has an approved flexible working arrangement
  • whether the employee has protected attributes that should be accommodated, such as carer’s responsibilities or a disability
  • whether the role genuinely requires in-person attendance
  • whether there are work health and safety issues at home or in the office

What does your employment contract provide?

Most employment contracts will clearly state the employee’s place of work. This is usually the employer’s business address. Others allow more flexibility in work location, but this does not always mean the employee has an indefinite right to work from home.

What recent Fair Work Commission cases show

Recent Fair Work Commission decisions show that return-to-office disputes are highly fact-specific.

A recent Fair Work Commission decision, Johnson v PaperCut Software Pty Ltd [2026] FWC 178, considered whether an employee had been unfairly dismissed after they refused to comply with a direction to attend the office. The employee argued that his contract allowed him to work from home. The Commission found that the arrangement was not an unconditional right to work from home and that the employer’s direction to attend the office three days per week was lawful and reasonable in the circumstances.

By contrast, in Chandler v Westpac Banking Corporation [2025] FWC 3115, the Commission found in favour of an employee who sought to work from home, pursuant to a flexible working arrangement.

The practical lesson is: working from home is not an automatic right, but employers cannot treat every request as a simple management preference. The details matter.

When might a return-to-office direction be unreasonable?

A direction to return to the office may be open to challenge if:

  • it conflicts with your employment contract
  • it is inconsistent with an existing written flexible working arrangement
  • the policy indirectly discriminates against the employee because of disability, pregnancy, parental responsibilities or another protected attribute
  • the direction creates or worsens a work health and safety risk
  • the employer applies the work location policy inconsistently or unfairly
  • the role can clearly be performed remotely, and the employer gives no meaningful reason for office attendance

However, this does not mean an employee can simply refuse to attend the office. Refusing a direction without getting advice can create disciplinary risk, including the risk of dismissal.

Can you be dismissed for refusing to return to the office?

Potentially, yes. Failing to follow a reasonable and lawful direction is grounds for dismissal.

The PaperCut decision is an example of where refusal to comply with a return to work direction was found to be a valid reason for dismissal.

What should employees do if they are told to return to the office?

As demonstrated in PaperCut, in most circumstances, a direction to return to the office would be considered a reasonable direction.

However, it is worthwhile checking your employment contract and workplace policies for clauses dealing with work location, remote work, flexibility, mobility, reasonable directions and policy changes.

Depending on your situation, you may be able to formalise a work-from-home arrangement if you have caring responsibilities, disability, pregnancy, age, family violence or other eligible circumstances.

Finally, seek advice from a professional.

What should employers do before enforcing office attendance?

Employers should avoid treating return-to-office as a simple announcement. A safer approach is to:

  • review contracts, policies and past commitments
  • review existing flexible working arrangements
  • consult with affected employees
  • identify genuine business reasons for office attendance
  • allow time for transition
  • consider individual circumstances
  • document decision-making
  • apply the work location policy consistently
  • avoid blanket refusals
  • consider discrimination and WHS risks

Employers who follow a structured, evidence-based process are generally in a stronger position than employers who cannot show why a return to the office is required.

FAQs

Can my employer force me to return to the office full-time?

Generally, yes. It would generally be considered a lawful and reasonable request. However, the direction may be open to challenge if you have a formal flexible work arrangement, special circumstances, or contractual rights that support continued remote or hybrid work.

Do I have a legal right to work from home in Australia?

There is no general legal right for all employees to work from home. Some employees have the right to request flexible working arrangements under the Fair Work Act, including changes to work location. Employers can refuse those requests only on reasonable business grounds and after following the required process.

Can I refuse to return to the office?

Refusing to return to the office can be risky. Refusal may lead to disciplinary action or dismissal. If you believe the direction is unreasonable, seek legal advice before refusing to attend.

What if I was hired as a remote worker?

If you were hired as a remote worker, it still depends on the wording of your contract and any policies that apply. Some contracts allow remote work but still permit the employer to change arrangements or require office attendance in certain circumstances.

Can my employer reject my work-from-home request?

Yes, but if you are eligible to make a formal flexible work request, your employer must follow the Fair Work Act process and can only refuse on reasonable business grounds. A refusal should usually explain the reasons and show that alternatives were considered.

Can I be fired for not returning to the office?

Yes, failing to follow a reasonable and lawful direction is grounds for dismissal. However, the validity of the reason may still be open to challenge.

Call to action

If your employer has directed you to return to the office and you are unsure where you stand, speak with an employment lawyer before taking a firm position. Early advice can help you understand your rights, respond properly, and avoid unnecessary disciplinary risk.

References

Note: This article is general information only and should not be treated as legal advice. Specific advice should be obtained for individual circumstances.