Case Law Update: Lawful and Reasonable Directions – You Cannot Have One Without the Other

    View Author June 2022
    Ruth Cully v Commonwealth of Australia (represented by the Australian National Audit Office) [2022] FWC 495 (7 April 2022) Is it reasonable to expect all employees to follow lawful employer instructions to return to the office? The Fair Work Commission (FWC) decision of Ruth Cully v Commonwealth of Australia (represented by the Australian National Audit Office) [2022] FWC 495 (7 April 2022) (Ruth Cully) confirms that it depends on the employee’s circumstances. This case provides a practical reminder of the importance of employer instructions being both lawful and reasonable in the context of each employee.