The Right to Disconnect has commenced
From last week, employees of businesses with 15 or more employees have the right to disconnect. This is following amendments earlier in the year to the Fair Work Act through the Legislation Amendment (Closing Loopholes No.2) Bill 2023
The changes give employees the right to refuse to read, monitor, or respond to any contact from their employer outside working hours unless the contact is reasonable. This includes contact from clients or others with whom the employee has work relationships with.
The amendments to include a right to disconnect term have now been incorporated into most Modern Awards, which replicate the provisions of the Fair Work Act.
How Should Right to Disconnect Disputes be Resolved?
For employees and employers, the first step if there is a dispute about the employee’s right to disconnect is to attempt to resolve the issue within the workplace. This is where most issues will likely be resolved.
Employers should also be aware that the right to disconnect is a right for the purposes of the general protection provisions of the Fair Work Act. This may well lead to additional claims where an employee alleges that action has been taken against them for refusing contact or making an application to the FWC regarding their right to disconnect.
How Can Right to Disconnect Disputes be Avoided?
It’s important to be clear at the start of the employment relationship regarding expectations for contact outside work hours, the frequency and circumstances when it might occur, and what compensation the employee receives for such contact.
This is a new dimension to the employment landscape, and all employers, no matter the industry, should carefully consider their employment arrangements and policies around contact, so that everyone in the organisation is aware of the expectations of employers and employees.
Whether you’re an employer or an employee, our experienced employment law team can help you understand your rights, responsibilities, and legal obligations, as well as provide advice on managing workplace issues and disputes.
If you would like to speak to us about how the right to disconnect will affect your business, or another employment matter, get in touch on (02) 6331 2911 or email a.edwards@kennyspring.com.au.
Angus Edwards | Principal