Employer tried to end flexible working arrangement

May 2022

Fadel* is a sole parent and has carer’s responsibilities for his young children, one of whom has a disability. Fadel works as a registered nurse in a hospital and has a temporary flexible working arrangement which allows him to work particular shifts, so he can take care of his children. 

When his employer tried to end this arrangement, Fadel felt that they were discriminating against him on the ground of his responsibilities as a carer.

Fadel lodged a complaint of carers discrimination with ADNSW. His employer agreed to maintain the temporary working arrangement while the matter was investigated by ADNSW. 

The employer said that it was a requirement of all nurses to work a rotating roster including shift and weekend work. The employer said it had provided Fadel with flexibility for a significant period and that it would cause hardship if they continued to provide Fadel with the flexibility he needed in the area of the hospital where he worked.  

ADNSW brought the two parties together for a conciliation conference. 

After the conciliation conference, Fadel and his employer agreed to resolve the complaint by transferring Fadel to a new area of the hospital which did not require him to work a rotating roster. Fadel was able to continue to work as a registered nurse.

*Name has been changed to protect the privacy of the individual