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Understanding Employee Claims of Unreasonable Additional Hours: A Case Study

In the recent case of Dorsch v HEAD Oceania Pty Ltd (2024), an employee alleged that his employer mandated him to work unreasonable additional hours without proper compensation or regard for his personal well-being. The employee claimed to have worked between 30 and 40 hours per week beyond the standard 38-hour workweek, raising questions about the employer's compliance with the Fair Work Act 2009 (Cth) (FW Act).

Under the FW Act, an employer must not request or require a full-time employee to work more than 38 hours per week unless the additional hours are reasonable. Determining reasonableness is contextual, considering factors such as health and safety risks, personal circumstances, role nature, and level of responsibility.

The applicant in this case was the most senior employee of the employer, with significant autonomy in managing his workload and working hours. Despite this, the Court ruled in favour of the employer, citing insufficient evidence presented by the employee to substantiate the claim of excessive work hours.

The employee's allegations were not adequately supported by evidence of specific dates or periods during which he purportedly worked 70–80 hours per week. Additionally, evidence regarding extensive work-related travel lacked specificity, failing to support the claim of excessive workload.

The Court's ruling provides guidance on when hours worked outside ordinary working hours can be considered 'required' by the employer. It highlights that a requirement to work additional hours does not necessarily require explicit communication from the employer but can be inferred from circumstances, including the nature of the work and the employee's level of autonomy.

This case serves as a reminder for both employers and employees to carefully document and substantiate claims related to work hours and workload. Clear communication, proper record-keeping, and adherence to legal obligations are essential to ensuring fair and reasonable working conditions for all parties involved.

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