CRITICAL QUESTIONS OVER NEW RIGHT TO DISCONNECT LAWS
The new Right to Disconnect laws are in full force across the country and now bosses have been offered a fresh warning in light of the change.
The legislation kicked in on August 26, giving staff working at a business with 15 or more employees the right to refuse contact outside of their working hours, along with the right to refuse to monitor, read or respond to contact from an employer or third party.
The new rules apply within reason and several factors need to be considered before sending your boss to voicemail, but, ultimately, any calls, texts or emails deemed to be “unreasonable” contact can now officially be ignored.
While many workers have branded the new rules as a “positive change” that will help promote a healthier work-life balance, there are still some Aussies who aren’t impressed with the new legislation.
Some have gone as far as to brand the Right to Disconnect rules “ridiculous” and “such a Gen Z law”, while others have claimed those who take the law too literally will not be “doing themselves any favours”.
From this reaction, questions have also been raised for staff who exercise their right to disconnect about whether their employer’s perception of them may change or if it could have an impact on their career progression.
However, Aussie bosses who have taken issue with the change have been cautioned to proceed carefully, or risk facing the consequences.
Hicksons Lawyers senior associate Helen Sexton, who specialises in workplace relations, Employment and safety, told news.com.au that any impact on employees as a result of the new laws will depend on things like the employee’s profession, the nature of their role, workplace culture and leadership.
“Given the risk of adverse action claims and significant penalties for noncompliance, employers should be wary not to use the right to disconnect as an excuse to limit employees’ career progression,” Ms Sexton said.
Any disputes about an employee’s right to disconnect that can’t be resolved at a workplace level can be referred to the Fair Work Commission.
An employer may be subject to penalties of up to $18,780 for an individual or $93,900 for a body corporate if they are found to have violated the new laws.
“Employers are well advised to approach the new right proactively,” Ms Sexton said, adding that these changes are a “small step” towards rebalancing a system of working that has gradually shifted without much notice.
“Communicate upfront with employees, including in their job description, about working hours and organisational culture, and ensure that employees who are required to remain contactable outside work hours are appropriately compensated.”
