First award for breach of remote working legislation

The Workplace Relations Commission (WRC) has made its first award for a breach of remote working legislation.
Salesforce was ordered to pay €1,000 to employee Thomas Farrell after failing to respond to his formal remote working request within the statutory four-week deadline.
Mr Farrell, who had been working as an employee recruiter for Salesforce since September 2021, relocated from Dublin to the west of Ireland in June 2023 with permission from his bosses.
An agreement made with his manager and director provided that he would continue working remotely, attending the office as needed.
However, in May 2024, Mr Farrell was told by his line manager that he would now be required to attend the office between three and four days a week.
Mr Farrell subsequently submitted a formal request under the Work Life Balance and Miscellaneous Provisions Act 2023 to continue working fully remotely, as previously agreed.
His request highlighted his relocation due to his partner’s employment, the unsustainability of a 550km daily round-trip commute, his proven performance in a remote capacity, and inconsistencies in the company’s return-to-office policy which allowed other employees in similar roles to work remotely.
Salesforce failed to reply within the four-week deadline set out in the 2023 Act, instead rejecting his request after six weeks and four days.
Mr Farrell complained to the WRC about the delay before receiving the response, meaning the WRC was not able to consider the substantive reasons for the company’s denial of the request.
“In making a decision on this issue alone, specifically the delay in the respondent’s initial response, I find that, in the absence of any compelling reasons having been provided by the respondent for the failure to consider the request within the four-week deadline under the Act which expired on 9 July 2024, this complaint is well founded,” adjudication officer Breiffni O’Neill said.
He continued: “In considering the amount of compensation to award, I noted in the first instance that the respondent provided no compelling reasons for the failure to consider the request within the four-week deadline under the Act which expired on 9 July 2024, stating that it was attributable to human error.
“I also noted however that the delay was minor in that it was only a few days after the deadline when the complainant was notified that the respondent required more time to consider his request to work remotely.
“Considering all of the foregoing, I make an award of €1,000.”