The New 'Right to Disconnect' Legislation: What It Means for Your Business

What Is the Right to Disconnect?

As of 26 August 2024, Melbourne introduces a significant shift in employee rights with the "Right to Disconnect" legislation. This law empowers employees in businesses with 15 or more employees to refuse work-related contact outside their standard working hours, provided their refusal is reasonable. This includes not only direct communication from employers but also third-party contacts. Furthermore, it is unlawful for employers to discipline or dismiss an employee who has reasonably exercised this right.

What Does This Mean for Your Business?

This new legislation could have substantial implications for your business. If your employment policies and contracts do not explicitly address the right to disconnect, your employees might assert their right to disconnect, even from after-hours calls from you. In the event of a dispute, any disciplinary action taken against an employee for refusing after-hours contact could lead to legal repercussions, including a claim pursued in the Fair Work Commission.

To mitigate such risks, it's essential to understand how the right to disconnect will apply to your industry and ensure your business is prepared.

What Should You Do?

To navigate this new landscape effectively, consider taking the following steps:

1. Update Policies and Employment Contracts: Ensure your existing policies and employment contracts reflect the new legislation. By doing so, you can help demonstrate that any out-of-hours contact is reasonable under specific circumstances. This proactive approach could help mitigate potential disputes.

2. Educate Your Team: It's crucial that your employees, especially managers, understand the implications of the Right to Disconnect. Training sessions or informational meetings can be instrumental in ensuring everyone is on the same page. Your managers should also be equipped to respond appropriately if an employee refuses after-hours contact, ensuring compliance with the new legislation.

Next Steps

The Right to Disconnect is a landmark step towards balancing work and personal life, but it also presents challenges for businesses. By updating your policies, educating your team, and preparing for potential disputes, you can navigate this new regulation while maintaining a positive work environment. Staying informed and proactive will be key to ensuring that your business remains compliant and your employees feel respected and valued. Navigating the complexities of the new "Right to Disconnect" legislation can be challenging, but you don't have to do it alone. As HR consultants, we specialise in helping businesses update policies, train staff, and stay compliant with evolving workplace laws.

Reach Out Today for more information and a no obligation discussion with an  OCG Senior HR Associate 

With over 25 years experience in Human Resources & Employee Relations, Justin has  worked with SME’s & global organisations to make HR an enabler of business success. With an intimate understanding of challenges leaders face, he has been directly involved in several successful turnarounds and taken organisations from good to great by identifying how HR can support business objectives and deliver sustainable growth. With expertise across the entire employee lifecycle, including recruitment, talent management, employee relations, workforce planning, cultural change and remuneration Justin is able to align HR strategy with business objectives in a manner that engages and builds capability.

Contact Justin