The right to disconnect is a new legal provision allowing employees to refuse to engage in work-related communications outside their official working hours. This includes not having to monitor, read, or respond to emails, calls, or messages from employers or third parties unless it is unreasonable to refuse.
The right to disconnect was introduced today and applies to Australian non-small business (15+ employees) employers from August 26, 2024, and will extend to small business employers from August 26, 2025. The right to disconnect aims to help employees maintain a better work-life balance and reduce burnout.
Background
Employers and employees should discuss and set clear expectations regarding out-of-hours contact that align with the workplace needs and the employee’s role.
When determining if an employee’s refusal to engage in out-of-hours contact is unreasonable, consider the following factors:
- The reason for the contact
- The method of contact and its level of disruption to the employee
- Compensation or additional pay for:
- Being available to work during the contact period
- Working extra hours beyond regular work hours
- The employee’s role and level of responsibility within the business
- The employee’s personal circumstances, including family or caregiving responsibilities
Other relevant factors may also be considered.
It is unreasonable for an employee to refuse to read, monitor, or respond to contact if it is legally required.
Workers Compensation Implications
With industrial relations, legislation and workplace practices continuing to evolve, the introduction of the right to disconnect we anticipate will have impacts on workers compensation.
- With psychological claims increasing in frequency, employers contacting employees outside of business hours could become grounds for a psychological claim. Conversely, with the right to disconnect in effect, this might reduce employee stress, thereby improving mental health, wellbeing and consequently reducing puyschological claims
- Right to disconnect laws will place pressure on companies to clarify policies on work-life balance
We will follow the right to disconnect as it evolves.
Need help?
Contact our team to discuss your specific circumstances.
Further information
Source: Fairwork
Title: Right to disconnect
Read time: 5+ minutes