As work-life balance becomes a priority for working professionals, the right to disconnect has been a prominent topic. This right is covered under the Fair Work Act and applies to all Australian businesses with more than 15 employees but by August this year, it will also apply to small businesses. This policy means you are within your rights not to answer a call from your boss about something “non-urgent” on your rostered day off.
The Fair Work Commission expands on what the right to disconnect means saying it allows employees to refuse to “monitor, read or respond to contact or attempted contact from their employer or work-related contact from another person unless the refusal is unreasonable”.
Professor Paula Brough emphasises that this right is not a “blanket ban” and is more about preventing “excessive calls… that interfere really with a worker’s rest”. Other industry professionals agree that there can’t be a one-size-fits-all policy with different jobs having different requirements. Instead, this right is primarily to prevent workers from having to bring work home with them when it’s unnecessary.
The terms of this policy are slightly ambiguous, particularly with what is defined as “unreasonable”. Work emergencies or helping deal with a crisis is generally considered reasonable, whereas more regular, non-urgent tasks that aren’t time-sensitive are deemed unreasonable. The level of disruption caused should also be assessed. For example, simply needing to respond to an email is very different to being contacted over a task that will take hours outside of work to complete. These ambiguities need to be addressed by the organisation to ensure expectations around working hours and contact after hours are clarified. The Fair Work Ombudsman encourages employers and employees "to discuss out of hours contact and set expectations that suit the workplace and the employee's role".
This wave around the right to disconnect follows an era characterised by increased work-life balance. A recent survey we conducted, revealed that 40% of respondents cited work-life balance as being the most important factor when considering a salary package. In the post-COVID era, non-traditional working opportunities, including hybrid environments and increased leave, are key to enticing top talent.
If you feel you are being unnecessarily contacted, identifying patterns and having a frank discussion with your manager is often the most effective method. Being stern and consistent in your boundaries while emphasising your commitment to the role will help to ensure you maintain your right to disconnect. Despite this right being legislatively enforced, it is always ideal for issues to be resolved within the workplace, either directly or through the HR team. If this fails, employees can contact the Fair Work Commission to intervene.
