In a world dominated by constant connectivity, the boundaries between work and personal life have become increasingly blurred. This phenomenon has sparked growing concerns about the well-being of employees, and legislative changes are now underway to address these issues and strengthen the right of employees to disconnect from work-related communications outside of working hours.
The “Right to Disconnect” legislation commences on 26 August 2024 for non-small business employers, and 26 August 2025 for small business employers, establishing guidelines for employers and employees regarding the use of electronic communication outside of regular working hours. Originally intended to prevent burnout and preserve work-life balance, the laws are initially targeting larger corporations with extensive digital communication practices. However, the implementation and enforcement of these laws will undoubtedly prove challenging, particularly in smaller businesses where operational structures and resources differ significantly.
Under the new laws, employees will have the right to refuse contact outside working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party. The question that will inevitably need to be answered, is what determines whether an employee’s refusal is unreasonable? Several factors will be considered, including:
- The reason for the contact
- Whether the employee is compensated for their availability after hours
- The nature of the employee’s role and responsibility
- Personal circumstances including family or caring responsibilities
Where a dispute arises, employees are encouraged to seek to resolve the matter direct with their employers first. Failing this, an employee can apply to the Fair Work Commission for an appropriate order, or make a claim under the existing General Protections laws under the Fair Work Act.
While the legislation aims to enhance protections for employees, time will determine whether it sufficiently recognizes the unique challenges faced by small businesses by taking into account their specific industry needs and operational constraints.
