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Your questions answered: Can an employee come in early to avoid traffic?

By Portner Press on October 9th, 2019
  1. Workplace Policies
  2. Employment Contracts

Q
Our employee wants to start work early (around 8:00am) to avoid traffic, but our requirement of work is from 9:00am.

We have asked for written consent from the employee that specifies that they are coming in early for personal reasons and that the company is not asking them to come into the workplace prior to official working hours.

However, how do we handle the clock in/out of the employee as it will cross the standard 7.6 working hours?

A
It sounds like you have appropriately addressed the situation with the employee by putting a written agreement in place. You may also wish to direct the employee not to ‘clock on’ (e.g. with their swipe card, or whatever arrangement you have in place) until 9am when they commence carrying out their work duties.

Please note that if the employee is requesting to come in early for other personal reasons, such as caring for a child who is school age or younger, this is likely a flexible work arrangement request.

Under the Fair Work Act 2009 (Cth) certain employees are entitled to request flexible work arrangements.

If the employee’s personal reasons are not limited to avoiding traffic, we recommend reviewing chapter F3 Flexible Work Arrangements in the Employment Law Practical Handbook on Portner Digital.





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