In great news for overwhelmed employees and (presumably) bad news for overbearing bosses, the Australian government is set to introduce laws that will give employees the right to ignore work-related comms outside of working hours.
After much chatter, this week the government announced that it will implement ‘Right to Disconnect’ laws before the end of the month.
The laws will come into effect nationally on August 26, 2024.
What Are the Right to Disconnect Laws?
Essentially, the Right to Disconnect laws safeguard an employee’s work-life balance.
They will grant workers the freedom to refuse to respond to—or totally ignore—communication (including phone calls, texts and emails) from a boss or third-party outside of their regular working hours, so long as the refusal is deemed “reasonable.”
The factors that determine what constitutes a “reasonable” excuse include:
- the reason for the contact
- how the contact is made and how disruptive it is to the employee
- whether or not the employee is paid extra for being contactable or working outside of their ordinary working hours
- the nature of the worker’s role and their level of responsibility
- personal circumstances
When Do the Right to Disconnect Laws Come Into Effect In Australia?
The Right to Disconnect laws will be implemented in Australia on August 26, 2024 for non-small business employees; and a year later, on August 26 2025 for small business employees.
What Is the Penalty For Breeching the Right to Disconnect?
Bosses who continue to contact their employee outside of regular working hours without their consent—thus violating the Right to Disconnect laws—may be subject to fines.
Per Park & Co. Lawyers, employers could come up against fines of up to $18,000.
The Fair Work Ombudsman says disputes over the right to disconnect should be discussed at a workplace level first. If a resolution can’t be reached, the employer or employee can take the issue to the Fair Work Commission.
