Right to Disconnect

To date, legislation has touched on related issues such as reasonable additional hours under the National Employment Standards (NES) and under the Workplace Health and Safety legislation whereby employers have a duty to ensure the health and safety of the workplace including physical and psychological safety.

However, there has been a need to change the Act as employees and employers have never understood what ‘reasonable additional hours’ actually means.

Australia is by no means pioneering the concept of the right to disconnect. Eurofound (2021), Right to disconnect: Exploring company practices, Publications Office of the European Union, Luxembourg explores the use of digital technologies whereby employees can carry out work at any time anywhere and the potential risk to health and well-being of employees and the blurred boundaries between work and private life.

At the time of their report in 2021, six countries had the right to disconnect: Belgium, France, Greece, Italy, Slovakia and Spain, with other countries exploring the option.

What does it mean the right to disconnect?

The Fair Work Ombudsman statement - “Employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable” - means that an employee can refuse to monitor, read or respond to contact from an employer or a third party.

The right also covers attempted contact outside of an employee’s working hours.

Several factors must be considered when determining whether an employee’s refusal is unreasonable. This includes:

• the reason for the contact
• whether the employee is compensated or paid extra for:
  • being available to be contacted to perform work within a specific period, or
  • working additional hours outside their ordinary hours of work
• the nature of the employee’s role and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.”

Source: Right to disconnect - Fair Work Ombudsman

The Fair Work Commission is required to insert a right to disconnect term into all modern awards which include the Health Professional and Support Services Award and the Nurses Award by 26 August 2024.

Considerations

Different job positions may have varying requirements for after-hours communication and we must determine what is reasonable or unreasonable for each position and ways in which to manage out of hours communication.

The employee right to disconnect prompts workplaces discussions on availability and non-availability to strike the balance between the requirements of the practice and workers flexibility. The right is to ensure employees are aware when they can switch off and know what they are able to do when they are not working or being paid.

The treatment and monitoring of working hours and overtime is already important. However, it becomes even more important for roles that enable an employee to work from home or another location other than the practice.

Using workplace data such as leave reports, turnover reports, feedback from exit interviews, performance appraisals and absenteeism rates up to when the legislation comes into effect can be used to provide the Practice with a clear picture of the impact of the legislation in conjunction with employee’s well-being and Practice productivity.

The benefits

It is expected that there will be benefits in the following areas:

• Improved mental health: Constant connectivity can lead to stress, anxiety, and burnout. The Right to Disconnect allows employees to recharge, leading to improved mental health.
• Increased productivity: Employees who have time to rest are more likely to be productive and engaged during their working hours.
• Enhanced job satisfaction: Respecting personal time can lead to higher job satisfaction and lower turnover rates.
• Clear boundaries: Establishing clear boundaries between work and personal life can help maintain a healthy work-life balance.

The Right to Disconnect is an important step towards ensuring employees can maintain a healthy work-life balance in an increasingly connected world. The ultimate benefit will be a more engaged, productive and satisfied workforce.