Q1: How does the right to disconnect work?

A1: Employees can refuse to monitor, read, or respond to work-related contacts outside working hours. This includes emails, phone calls, and messages. It empowers employees to disconnect from work during their personal time.

Q2: What does the right to disconnect not entail?

A2: It does not prohibit employers from contacting employees outside working hours. Employees can seek a Fair Work Commission order to prevent persistent contact but employers can still attempt contact without breaching the law.

Q3: How does this right apply to flexible work hours?

A3: The right to disconnect applies outside of defined working hours. For employees working flexible arrangements, defining “work hours” can be challenging, and disputes may arise regarding what constitutes work time.

Q4: What factors determine if a refusal to respond is reasonable?

A4: Factors include the reason for contact, the method of contact, employee compensation for availability, overtime compensation, the employee’s role, and personal circumstances.

Q5: How are disputes about the right to disconnect resolved?

A5: Employees and employers should first try to resolve disputes internally. If disputes can’t be resolved, then the Fair Work Commission can mediate or arbitrate, potentially issuing orders to stop unreasonable contact or protect employees from disciplinary action.

Q6: What about after-hours contact by clients and suppliers?

A6: The new rules make no exception if after-hours contact is sent to employees by a third party. Being proactive in ensuring third parties are aware of the right to disconnect requirements is key for managing expectations about when work and responses to emails or correspondence can be expected.

Q7: How does this right interact with general protections under the Fair Work Act?

A7: Exercising the right to disconnect is a workplace right. Adverse actions, such as dismissal for reasonably refusing contact, can lead to general protection claims under the Fair Work Act. Employers must carefully assess the reasonableness of contact refusals to avoid legal risks.

To conclude, the right to disconnect is the first legislated right of its kind in Australia. Monitoring how the Courts apply these provisions will be key for employers to understand.

Norgay HR will continue to monitor updates impacting the right to disconnect and update our clients with the latest and best practice approaches for complying with their new obligations.