Is There a Need for the ‘Right to Disconnect’ After Work? Experts Question the Purpose of the Law

“Right to disconnect” laws have been implemented nationwide, but will they truly change how workplaces and employees function?

In essence, these laws grant employees the right to disregard communication from their employer or a third party outside of their designated work hours, unless there is an exceptional circumstance.

The interpretation of the legislation is flexible.

Factors such as the nature of the contact, the current employment agreement, and the employee’s role and situation all play a role in determining if disengaging is appropriate.

It’s more of a guideline than a strict rule, sparking discussions on what’s acceptable in the workplace.

The amendment to the Fair Work Act is part of the new Closing Loopholes law passed in federal Parliament earlier this year.

Associate Professor Believes Law Could Lead to Important Dialogue

University of Melbourne Associate Professor Brock Bastian suggests that if employees are resorting to utilizing this law, they may already be facing challenges.

“If people feel pressured to work outside of their designated hours, organizations won’t get the best results from their employees,” noted the director of Psychological Safety Australia to The Epoch Times.

“Ideally, this law serves as a reminder of best practices at all levels.

“If employees have to rely on this as a defense mechanism, we’re already at a loss.

“In a way, these laws initiate discussions between individuals and organizations,”

A Possible Solution to Constant Connectivity

Luke Booker, a PhD candidate at the Griffith Business School, echoes the sentiment that workplaces needing legal intervention may already be struggling.

“If an employee feels compelled to refer to recent legislation to assert their right to disconnect, that indicates an unhealthy culture surrounding connectivity expectations,” he explained to The Epoch Times.

“Employees who are expected to be available around the clock and sacrifice personal time for work tend to experience negative consequences.

“One major issue is what researchers define as ‘work-life conflict’ and the disruption of psychological detachment from work.”

Psychological detachment is crucial for employee well-being, aiding mental health and sleep quality.

Booker believes the new legislation will ultimately have a positive impact on employee well-being, but the question remains: to what extent?

“In extreme cases where Fair Work intervenes, the legislation can prompt necessary interventions to address specific issues within organizations. This can greatly benefit the individual involved,” he stated.

“On a broader scale, the legislation should encourage teams and organizations to engage in crucial discussions about deep-seated expectations of connectivity, unrealistic managerial demands, and self-imposed pressure to remain online.

Severe Penalties for Non-Compliance

Fair Work Ombudsman Anna Booth advises workplaces to approach the new rule with common sense, directing bosses and managers to employees and unions for guidance.

“All modern awards now include a ‘right to disconnect’ clause, outlining specific rules for different industries and occupations,” she elaborated.

“Like most employment matters, disputes should first be addressed and resolved at the workplace level.

“If no resolution is reached, the Fair Work Commission can intervene in disputes related to the right to disconnect.”

The Commission holds the authority to issue orders or handle disputes as deemed appropriate to resolve the issue.

It has the power to enforce penalties of up to $18,780 for individuals or $93,900 for corporations per instance of non-compliance with a Commission order.

However, the rule does not restrict employees from reaching out to their employers outside of working hours.