May 2024 – Rosemary Saad
As technology blurs the line between work and personal life, upcoming legislation called ‘the Right to Disconnect from Work,’ seeks to help Australians to disconnect from their jobs after hours.
Starting on 26 August 2024 for large businesses and 26 August 2025 for small businesses, workers can refuse to monitor, read, or respond to work communications outside of working hours unless it’s unreasonable to do so.
Is this Change Really Beneficial?
While this appears positive, employees must determine whether ignoring a message is justifiable, which can be challenging without knowing the message content. It’s also unclear how this will impact roles requiring constant communication, potentially hindering operations.
Determining Unreasonable Refusal
Factors to consider:
* Reason for the contact
* Compensation for being available or working extra hours
* Role and responsibility level
* Disruption caused
* Personal circumstances, such as family responsibilities
How these will be interpreted and applied by the Fair Work Commission and the courts is yet to be seen.
What Employers Can Do
Employers and employees alike should prepare for this change by reviewing and updating job descriptions and communication policies. If after-hours contact is necessary, it must be clearly stated during the hiring process or as the position evolves.
You must stay informed about how the Fair Work Commission interprets these new rules to ensure compliance and protect your rights. Start discussions in your workplace today to set clear expectations and boundaries.
If you need employment law advice, specifically around this or other employment-related issues, don’t hesitate to contact our experienced team of lawyers today on 02 9231 2466