Controversial work-from-home trend comes with major warning: 'Grow up'

A debate has kicked off about work-from-home (WFH) privileges and whether it grants Australians the right to work wherever they want. Two women were recently spotted with their laptops on a Sydney beach and many assumed they were knocking out work tasks while catching some spring sunshine.

This comes as several major companies copped backlash after ordering staff back into the office, taking back WFH freedoms some workers have grown to enjoy the last few years. But where is the line drawn when working remotely?

Is working at the beach unacceptable, but setting up in a cafe OK?

Recruitment expert Graham Wynn told Yahoo Finance that you can kiss your WFH rights goodbye if you're caught not at home.

"If your employer says you can work from home, they are giving you that responsibility, reliability and trust to do so," he said.

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"If you're going anywhere to work, like the beach, then the employer is going to say, 'Hang on, that's not being responsible, that's not what we agreed on. If employees are going to do that then we'll stop this'."

Career and lifestyle coach Lauren captured two scenes across Sydney recently where people were on their laptops in the great outdoors in Sydney.

One shot was of the two women at Balmoral Beach, while the other showed two other people typing away on the grass at Bondi.

The difficulty is, no one has been able to confirm if these people were working, studying, doing life admin or something completely different.

One woman claimed on social media that she was in the Balmoral Beach video and said she was merely doing university work.

But it still highlighted the reality that some people who 'work from home' aren't actually working from home.

Have you had issues with a boss or employee working remotely? Email stew.perrie@yahooinc.com

Big and small problems with working from the beach

Many on social media highlighted the simple logistical problems that would arise if you had a computer outside.

"I’m surprised their laptops don’t overheat," wrote one person.

"My laptop gets too hot and I can’t see the screen properly," added another.

It also sparked a discussion about whether this would be okay if the people outside were working.

"COVID was how many years ago? Time to grow up and go back to work. As an employer I'd be tracking your every movement and location if I was to even consider letting people WFH," said one person.

"Most companies wouldn’t allow this due to sensitive information, depends on what your job is I guess! I WFH and definitely would get in trouble," said another.

Wynn told Yahoo Finance that privacy would be a major concern if you were working from somewhere like a beach. He also called out the problems that would arise if you needed to quickly jump on a client call and you were sitting there in swimwear.

But the recruitment expert added that there's another insidious problem that you have to confront.

"If you're just tapping into a wireless connector somewhere, how secure is your information?" he asked.

"When you're working from home, you've probably got a more secure internet connection than a sandy beach. You don't know what you're tapping into and who else is using that."

Gen Z boss: Where you work shouldn't matter as much as how you work

Milly Bannister is the founder and director of the not-for-profit organisation ALLKND and she believes Aussies should be allowed to work wherever they want.

"I'm personally a big advocate for understanding how your energy and motivation fluctuate as an individual, and in which environment," the Gen Z boss explained to Yahoo Finance.

"Many people find they can be more creative and productive when they step away from traditional office environments."

But, like Wynn, she said the whole setup has to be done on trust.

"If team members say they’re working from home but are out enjoying the sun, it's not an issue to me, as long as their work is completed to a high standard, on time, and they remain available for necessary comms.

"For some people, working from different environments can actually spark creativity and improve wellbeing, which may enhance productivity, while for others, it could be more of a distraction. It’s really a matter of how well individuals manage their time and focus, rather than where they happen to be working."

Wynn wasn't opposed to the idea of working somewhere that's not your home as long as you have that agreement with your manager and you're keeping on top of your tasks.

"I think it comes down to, realistically, are you still as effective or efficient or productive if you're sat on the beach as what you would be at home," he said.

"If you get the work done in the time frame you're required to do it, then I don't see a major issue with it from that side of the fence."

Is it legal to work from the beach?

One thing you need to be very careful of is what can happen legally if you're caught working from somewhere other than your home or designated office.

If you're a remote worker or freelancer, you will usually be allowed to work from wherever you want.

However, other workers should check their employment contracts as they will typically state that you are allowed to either work from home or the office with very few exceptions.

Lawyer Roxanne Hart told Yahoo Finance that being caught not working from where you have agreed to can cause ramifications far bigger than a nasty tan.

"Typically your contract would say you work at [office / home] or such other place as directed by the employer," she explained.

"So by working from the beach you’d be in breach and the employer could issue a warning.

"If the policy/employment contract simply says that you can work 'remote' then the employer could issue the employee a direction not to work from the beach anymore because employees need to follow reasonable and lawful directions from their employer and that direction would be reasonable.

"So then if the employee works from the beach again after receiving that direction they can be given a warning."

Hart and Wynn highlighted the various workplace law issues that could come into play if you're at the beach.

"If you step on a jellyfish on a beach, and you're meant to be working from home, well does WorkCover cover you for that?" Wynn said.

"There's some big issues there. An employer is meant to make sure they provide a safe working environment. That's the employer's responsibility.

"If you then go and take that to a beach somewhere, straight away your employer is losing that responsibility and liability."

Hart added that if you damage your employer's property during a trip to the beach, like getting sand in your laptop or having it stolen, then you could be liable for that.

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