b'CASE LAWDISMISSALLevi Moon v McMillan Shakespeare Limited & Maxxia Pty Ltd T/A Maxxia - [2024]FWC 3140What happened: A customer care consultant at Maxxia lodged a Section 365 general protections claim, alleging adverse actionunder Sections 340 and 351 of the Fair Work Act 2009 (Cth) and claiming constructive dismissal.The consultant argued that the employers practice of only approving three-month flexible workarrangements forced him to make repeated requests and created uncertainty that made it hard to plan for hiswifes care. He believed he should have been granted ongoing permission to work from home.Overa period of 12 months, he submitted five flexible work requests, all approvedsome with modificationsincluding arrangements to work from home and work compressed weeks. His final verbal request came inJune 2024, after he had relocated closer to the companys Brisbane HQ. The employer requested moredetails to assess this final application.Outcome: Deputy President Lake dismissed the claim, finding Maxxia acted reasonably and did not force the consultant toresign.He said the company had good reason to be reticent about immediately approving a fifth request after a yearof flexible arrangements but noted this was not a refusal.Lake found the consultant resigned too quickly, assuming rejection, "I find that it was open to [the consultant] towait for the request to be formally considered, in accordance with the flexible working arrangements policy, ofwhich he was awareHe concluded the request likely would have been approved and that the resignation was voluntary, making theconsultant ineligible to pursue the claim.Practical Implementation/Learnings: 1.Requiring regular flexible work requests is lawfulEmployers mayimplement policies that limit the duration of flexible working arrangements(e.g. 36 months) and require employees to submit new requestsperiodically, especially where circumstances may change.2.Constructive dismissal requires more than frustrationAn employeesresignation based on an assumption or apprehension that a future flexiblework request will be refused is not enough to establish constructivedismissal.3.Requests can be denied with justificationIt is lawful and reasonable foremployers to request additional information to support flexible workrequests, especially after extended periods or if an employeescircumstances change (e.g. relocation).4.Policy clarity helps reduce the likelihood of disputesA well-communicated flexible work policy that outlines the process, durationlimits, and review expectations can help manage employee expectationsand prevent disputes over perceived entitlements. Page | 27IR Update July 2025'