The short answer is that no one knows. We are on to it; I have discussed it before here and recently had several conversations with people about Australia's new 'right to disconnect' law. It's a hot topic, alright.
Firstly, I am not a lawyer. This is not legal advice.
Right to disconnect Australia.
The right to disconnect gives employees the legal right to ignore work-related communications outside of their working hours unless it's deemed reasonable to respond. This includes, for example, your communication to them and any customer communication to your employees. It's part of the Fair Work Act amendments and aims to promote better work-life balance. I found a readable explanation by a lawyer here.
When Does It Start?
It's in effect for most businesses now, but organisations with fewer than fifteen (15) employees have until 26 August 2025 to comply. This means most of my clients have a year to digest it.
What Does 'Reasonable' Mean?
Here's the tricky bit - the law doesn't define what's reasonable. It's unclear if it's okay to send and, if so, what you can send; the main focus of the act is that the employee does not need to answer. Now, the courts must interpret this case-by-case until we get clarity.
My first question is, how does an employee know it's reasonable to respond till they read it? So do they have to read it, or is the onus on the employer to make sure it is reasonable before sending it? If so, based on my research and conversations and readings, here are some situations that might be considered reasonable to send:
- Emergencies (e.g., critical system failures)
- Pre-agreed on-call arrangements
- Safety issues
- Legal or regulatory requirements
- If you are overseas at a different timezone
Impact on Retailers Using POS Systems
One concern I've noticed is how this law might affect rostering systems in POS software. Imagine this scenario:
You're working on rosters after hours and must inform an employee not to come in tomorrow. You send an email, but they don't respond. You call, but they don't answer, citing the right to disconnect. The next day, they show up for work unnecessarily.
This situation highlights the need for clear communication protocols and expectations.
I would be careful about working on the rostering system after hours. If this proves to be a problem, we are considering adding a holding facility to stop SMS and emails from being sent to selected people after hours. When we get answers, we can move. If you think we should add any changes, please let me know.
Note that SMS and most popular email services like Gmail can schedule their services; you may want to look into that so your communication goes out during business hours. Even if sending this stuff is okay, you do not want to be the test case to prove it.
After-hours communication policy
You need one. The right to disconnect is here to stay, and despite some talk by other politicians, it isn't very likely that you should go. At best, it might be amended.
