Jim Courtwood
Author of the Time & Attendance Consultant's Guide Series

Starting on August 26, 2024, the Right to Disconnect legislation will come into force for most businesses, with small businesses employing fewer than 15 people required to comply by August 26, 2025. 

This legislation introduces significant changes to how communication outside of regular working hours is managed, affecting both employees and employers. 

The legislation grants employees the right to disregard inappropriate work-related contact outside of their official working hours. While it does not completely prohibit after-hours communication, it provides a framework to determine what constitutes unreasonable contact. 

The idea of "reasonableness" is central to this framework, although it remains broadly defined and is shaped by general principles.

 Understanding Reasonableness
 The concept of "reasonableness" can vary depending on multiple factors, including:

Purpose of the Communication:  Why is the employee being contacted? 
Compensation Considerations:  Is the employee on call, receiving overtime, or does their contract include clauses regarding reasonable overtime? 
Role and Responsibilities: The expectations for an IT Manager addressing a security incident differ from those of a receptionist. 
Industry Standards:  What is considered reasonable in an accounting firm may differ from norms on a construction site or in a retail environment.
Personal Circumstances: Employees' family obligations and caregiving responsibilities should be taken into account. 

To provide clearer guidance, industry-specific definitions and considerations are being integrated into Awards. These definitions may evolve over time as new cases arise and legal precedents are established. 

Developing Workplace Policies : It’s essential for organizations to establish clear policies regarding after-hours communication. Some considerations might include: 

Communication Protocols: 
For instance, you might specify that “emails can be addressed the following business day, but urgent calls or texts should be prioritized.” 
Managerial Practices: 
Managers should reassess their communication habits to ensure they align with the new legislation, avoiding unnecessary contact outside of regular working hours. 

It’s important for your staff to understand that the legislation is designed to differentiate between reasonable and unreasonable after-hours communication, not to eliminate after-hours contact altogether.
 
When creating your workplace policy, consider the following: 

  • Are there existing Awards that underpin your operations?
  • What are your standard business hours, and how often do you need to contact staff outside of these times?
  • Do you experience peak periods that require more after-hours communication? What are the contractual obligations for clients or staff in different time zones?
  • Should managers or senior staff have different expectations regarding the right to disconnect due to their roles?
  • Will policies differ across departments?
  • How will expectations be communicated to employees? 
  • What is your process for handling complaints? 
  • How will you manage a high volume of refusals? 
Are these factors adequately addressed in your employment contracts? 

The Right to Disconnect legislation introduces a new layer of complexity to workplace communication practices. By thoughtfully addressing these issues and crafting clear policies, businesses can effectively navigate these changes, balancing the need for after-hours contact with respect for employees' rights.



Jim Courtwood

jimc@timeandattendance.com.au

1300 553 254

0437 772 977