A TikTok staff member who said her employer “completely disregarded” her needs in denying her request to work exclusively from home has had her complaint dismissed by the Workplace Relations Commission.
Complainant Alina Karabko alleged that the respondent, TikTok Technology Ltd, did not consider her application to continue fully remote working arrangements in accordance with the Work Life Balance and Miscellaneous Provisions Act 2023.
The complainant cited difficulties in securing accommodation in Dublin, among other matters, and complained that the company’s rejection “showed that TikTok only considered its own business needs” and “completely disregarded” her needs as an employee.
Ms Karabko submitted that she was told by TikTok management that the benefits of sharing ideas and collaborating in-person are “crucial” for the company and that problem-solving solutions can be better found through in-office communication, which would not be possible when working remotely.
Ms Karabko submitted that during her working week, some colleagues were working from home on different days, “so that the full team are not, and will never be, in the office at the same time”.
Ms Karabko said she is working for the North American and Canadian markets and those teams she interacts with are not physically based in Dublin, with the complainant adding that time-zones were also a factor.
The complainant said she had no accommodation in Dublin and that she would need to wake up at 3am and drive two-and-a-half hours to get to the office by 7am. Ms Karabko said she was told by the company that they had given enough time in advance for employees to find accommodation.
TikTok submitted that the complainant’s January 2022 contract as a Core Operations Specialist stated that Ms Karabko’s “normal place of work” would be at the Dublin office.
The company said the contract stated: “Due to the Covid-19 pandemic, the company may require you, from time to time, to work remotely from another location (including your own home), which ensures your own health and safety is preserved and which is compliant with any relevant authority’s guidance and regulations.”
On 25 July, 2023, TikTok announced a return to office for all employees not already mandated to return, effective from 9 October, 2023.
The announcement confirmed that all “employees will be required to work in the office a minimum of three days per week, unless otherwise dictated by local laws or regulations”.
The company submitted that the complainant did not return to the office three days a week from 9 October, 2023. “In fact, she did not return to the office at all and remained working fully from home,” the company said.
TikTok submitted that “the complainant’s view that her job can be carried out fully remotely, does not take precedence over the respondent’s evidence-based view that employees returning to the office, even for three days per week, results in an increase in productivity and accuracy”.
“It is within the respondent’s remit to decide what is best for the business,” the respondent said.
In her decision dismissing the complaint, adjudication officer Marie Flynn said: “It is clear from the evidence that the complainant’s request was treated very seriously by the respondent. Two members of staff – one from HR and the other a manager from the complainant’s operational area – met on a number of occasions to consider the request in detail.”
Ms Flynn found that the company complied with its obligations under section 21(1)(a) of the Act.
