TikTok did not breach employment law by refusing to allow worker injured in car crash to work remotely
The refusal of TikTok to allow an employee who had suffered serious injuries in a car crash to work full time from home was not in breach of employment legislation, the Workplace Relations Commission has ruled.
The WRC found Tik Tok Technology had not breached the Work Life Balance and Miscellaneous Provisions Act 2023 in its decision not to allow Zaurbek Musaev to work from home.
Mr Musaev, an operations specialist with TikTok on a monthly salary of €3,556, claimed the company had not treated his request for remote working made in March 2024 in a lawful manner.
He told the WRC he had applied for full-time remote working largely due to a very serious road traffic collision in late 2020.
Mr Musaev lives in Co Monaghan and commutes to Dublin either by car or public transport.
He gave evidence he found travelling very stressful and it triggered very traumatic recollections of the crash in which he was involved.
He claimed the quality of his work would not be impacted by remote working and would in fact improve and be more beneficial to TikTok.
A legal representative of the company told the WRC its Dublin office was the complainant's place of work.
The solicitor said flexibility regarding remote working could be allowed but subject to the overall acceptance that the Dublin office was the place of work identified in Mr Musaev's employment contract.
TikTok claimed it had abided by both the letter and spirit of the Work Life Balance and Miscellaneous Provisions Act 2023.
It acknowledged Mr Musaev's circumstances were complex but they were fully examined in keeping with all quite extensive, internal procedures.
The company said it had discharged all its legal obligations required under the legislation and had no case to answer.
WRC adjudication officer Michael McEntee ruled both oral and written evidence had shown considerable engagement between the parties, which met the requirements of the legislation.
Mr McEntee added: 'The extensive case law was also demonstrative that once proper consideration is given to a request, the statutory obligations of a respondent are met.'
He also noted considerable efforts were being made to resolve the many underlying complexities of the case amicably.
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