The Australian government passed a new workplace law for the right to disconnect. This means employees can ignore calls, emails, and messages from their employer outside of work hours without fear of punishment. This is a significant change that all retailers need to understand.
How the Right to Disconnect Works
While details remain to be determined, the law means staff can't be penalized for reasonably not responding to calls, emails, etc. during off hours like nights, weekends, and PTO.
What does it reasonably mean? No one knows yet still.
Key points:
- Employers cannot fine or discipline employees for not responding after hours
- Employees can seek orders from the Fair Work Commission to prevent punishment
- Employers could be fined for breaching these orders
Although I doubt it will help us, most of us are surprised as this proposed law is much less strict for employers than passed in some European countries.
Why This Matters for Retailers
For retailers that operate physical stores with set opening hours, the immediate problem may be that the right to disconnect will have enormous implications for scheduling staff and communicating about shifts.
Retailers will need:
- More carefully plan schedules in advance
- Possibly limit last-minute schedule changes
- Outline exceptions for emergency contacts
Exactly how it would work, of course, remains to be seen as what parliament said, what the courts say, etc; remains to be seen.
What retailers need to know
Hopefully, the retail industry groups can get feedback on what retailers need to know.
- Definitions around what is "reasonable."
- Clarify how far in advance schedule changes will be communicated
- What constitutes an emergency exception?
- What happens when a shift swap occurs?
Rostering With the Right to Disconnect
Our rostering software needs to be amended, but we are unsure exactly how. When the details come up, I can tell you more. If you have any ideas or requirements, please let me know.
With some forethought and policy updates, retailers must know how to comply with the new right-to-disconnect laws.
