Work-life balance enthusiast loses his bid for more WFH days after tribunal rejects his 'fatigue' excuse

Published: 12:11, 8 July 2026 | Updated: 12:18, 8 July 2026 Being too tired is no longer a valid excuse to work from home, as a senior Victorian council worker found out after losing a legal battle to spend less time in the office.   Steve Polak, 55, had already been working in the office two days a week at Macedon Ranges Shire Council in Central Victoria, but wanted to cut that down to one day for for three weeks a month because he had 'work-related fatigue'.  The planning and building liaison officer, whose LinkedIn profile includes an impassioned defence of a healthy work-life balance, argued his commute and letting a family member borrow his car for university contributed to his fatigue.  He also claimed his work responsibilities could all be done from the comfort of his own home, particularly with Microsoft Teams available to communicate with his colleagues.  However, the council rejected the request, a decision later upheld by the Fair Work Commission.  Commission deputy president Kamal Farouque said Mr Polak's 14-year experience in the role made him a valuable asset in the office, especially when for assisting younger staff. That provided the council with 'reasonable business grounds' to require his in-person attendance even though he agreed Mr Polak was able to perform 'much of his day-to-day job tasks at home'.  'The respondent (the council) wishes to have the applicant's experience available to the planning team and build team connection by having him work in the office for two days a week,' Mr Farouque said. Being too tired is no longer a valid excuse to work from home, as a senior Victorian council worker (left) found out after losing a legal battle to be out of the office more 'This is in circumstances where there has been significant change in the composition of the respondent's planning team and the applicant is one of three long-serving employees within the team.  'For the purposes of clarity, [the council] refused the applicant's request … on grounds that the operational needs of the statutory planning team require a regular and consistent onsite presence in order to build team engagement and strengthen in-person collaboration and that Mr Polak's request was inconsistent with those objectives.'     Before Mr Polak took the matter up to the tribunal, council had given him the option to choose which days he would work from home, which he declined.  His manager told the commission the arrangement would help Mr Polak manage the shared car issue, an argument the tribunal agreed with.  'Increasing team engagement and strengthening in-person collaboration are key priorities for the [council]', a manager told the commission. As a result of the tribunal's ruling, Mr Polak will continue to work two days a week at the office. In his LinkedIn profile, he says he doesn't have time for 'yes men' and prioritises having a 'work-life balance'. 'I have little patience for yes men and people who suck up, especially when its contrary to good business practice or team morale,' he wrote.  The Fair Work Commission has ruled that companies have the right to require employees to work from the office even if they are 'fatigued' with it (stock image) 'Totally believe in the work-life balance if when at work, work is the priority. 'Rewards and recognition is a must for all business and can't be just a statement with no substance.' Daily Mail has contacted Mr Polak for comment.   The ruling comes amid major changes to workplace laws in Victoria, where eligible employees have gained new protections around working from home. From September 1, workers who can reasonably perform their duties remotely will be able to request up to two work from home days a week under changes to the Equal Opportunity Act. However, employers will still be able to reject flexible work requests where there are valid business reasons for doing so.