Posted on October 02, 2024
Elena Xenos
A right to disconnect has been added to all modern awards after 26 August 2024.
The right to disconnect applies for non-small business employers (less than 15 employees) and their employees. The changes for small business employees will come into effect on 26 August 2025.
The right to disconnect… what does this mean?
The right to disconnect means that employees can refuse to monitor, read or respond to contact from their employer outside of their working hours, unless doing so is unreasonable
Here are some factors to consider when determining whether an employee’s refusal is unreasonable:
- The reason for the contact
- How the contact is made and how disruptive it is to the employee
- How much the employee is compensated or paid extra for:
- Being available to work during the period they’re contacted, or
- Working additional hours outside their ordinary hours of work
- The employee’s role and responsibilities in the business
- The employee’s personal circumstances, such as family or caring responsibilities.
Does this concern me?
It is crucial that employees know when they can disconnect from work and when they may be expected to monitor, read or respond to contact.
It is also equally important that employers are aware of when they can and cannot contact their employees.
If you need help understanding how the right to disconnect applies to you as an employee or employer, Scanlan Carroll can provide legal advice. We take the time to understand your situation and provide tailored employment advice targeted to protecting your best interests. Please contact our friendly team if you have any queries.
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