Understanding the New Right to Disconnect – Effective 26 August 2024
Starting 26 August 2024, a new workplace right called the "right to disconnect" will come into effect for most employees under the Fair Work system.
What Is the Right to Disconnect?
The right to disconnect allows employees to refuse to monitor, read, or respond to work-related contacts or attempted contacts outside of their regular working hours. This includes communication from:
Their employer
Other individuals, if the contact is related to work
The introduction of the right to disconnect will establish it as a workplace right protected under the Fair Work Act.
When Can an Employee Exercise the Right to Disconnect?
An employee's refusal to engage with work-related contacts outside of their normal working hours is protected unless such refusal is deemed unreasonable. Factors that determine reasonableness include:
Reason for Contact: Whether the contact is urgent or essential, such as in emergencies.
Method and Disruption: How the contact is made (e.g., phone call, email) and how disruptive it is to the employee’s personal time.
Nature of Role: The employee’s job role and level of responsibility, especially if they hold a critical position that may occasionally require availability.
Personal Circumstances: Family obligations, caregiving responsibilities, or other personal matters affecting the employee's availability.
Compensation: Whether the employee is being compensated or paid extra for being available outside regular working hours.
Other relevant factors may also be considered, depending on the situation.
Dispute Resolution Process
If disputes arise over the right to disconnect, such as disagreements about what constitutes unreasonable refusal, both the employer and employee should first attempt to resolve the issue internally. If a resolution cannot be reached, either party can seek assistance from the Fair Work Commission, which can:
Issue orders to prevent unreasonable contact or retaliation against employees exercising their right.
Facilitate dispute resolution through mediation or other means.
Address any adverse actions taken against employees for using their right to disconnect, under general protections disputes.
Impact on Employees and Employers
For Employees: This new right is designed to protect personal time and reduce stress, ultimately promoting better mental health and work-life balance. If you feel pressured to respond to work communications outside your normal hours, this right can offer you legal protection.
For Employers: It’s important to understand these new obligations and respect employees' right to disconnect. Consider reviewing communication practices and policies to align with these new requirements, ensuring that employees' time off is respected unless there’s a clear, reasonable need for contact.
What You Should Do Now
Review Policies: Employers should review and update workplace policies to incorporate the right to disconnect.
Communicate Changes: Inform employees about their rights and outline expectations around work-related communication outside of normal hours.
Prepare for Disputes: Develop a process to address any disputes over the right to disconnect internally, before escalating to the Fair Work Commission.
Need Help?
If you have any questions or require further guidance on implementing the right to disconnect in your workplace, please don’t hesitate to reach out. Understanding and respecting this right will be crucial for maintaining compliance and fostering a supportive work environment.
For more detailed information, you can visit the Fair Work Commission’s website or contact us directly at [email protected].
