03 Sep Implementing the ‘Right to Disconnect’
The ‘Right to Disconnect’ is a recent legislative initiative in Australia designed to address the impact of constant connectivity on employees’ work-life balance – Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (“Bill”).
The new Bill grants employees the right to reject employer communications outside regular working hours, unless the refusal is deemed unreasonable. This right also applies to contractors for work-related contacts. The Bill outlines factors for assessing reasonableness, promoting a comprehensive evaluation.
This Bill acknowledges the increasing blurring of boundaries between work and personal life due to the prevalence of remote work and the expectation of constant connectivity, largely driven by technology like smartphones and email. The Bill seeks to establish clear guidelines that protect employees from being expected to engage in work-related communications outside of their contracted hours.
While this law may be a positive step for employee well-being, it presents unique challenges, particularly within the hospitality industry.
The hospitality industry, characterised by shift work and a diverse workforce including agency, contract, casual, part-time, and full-time employees, faces distinct hurdles in implementing the ‘Right to Disconnect’. The nature of hospitality work often involves irregular and fluctuating hours, making it difficult to establish consistent boundaries for communication. Managers must frequently adjust rosters to accommodate changing business needs, which can lead to a reliance on short-notice communication with staff when they’re not on shift. This can be especially challenging when communicating with casual workers who have varying availability and may work different shifts from week to week.
One of the primary challenges for the hospitality sector is establishing communication protocols that respect the ‘Right to Disconnect’ while maintaining operational efficiency. Managers need to define communication protocols that allow for the scheduling of shifts, coverage of last-minute absences, and other logistical needs without unreasonably infringing on employees’ right to disconnect.
Communicating clear definitions of ‘regular working hours’, ‘after-hours communications’ and what constitutes ‘emergency & critical situations’ in your company policies & procedures will assist with the smooth implementation of this new Bill.
Employers must ensure that all categories of staff—whether casual, part-time, or full-time—understand their right to disconnect and can exercise this right without fear of repercussions.
It should be acknowledged that many of us struggle to manage our online time effectively in our private lives, as well as our work-related engagement. Perhaps this legislation is a good opportunity to review both personal and professional connectivity boundaries?
Take-away: while the ‘Right to Disconnect’ is a progressive move toward healthier work/life balance, its implementation in the hospitality industry requires tailored approaches that respect the unique dynamics of shift work and the diverse nature of the workforce.
A review and reappraisal of your current workplace communication protocols to ensure appropriate definitions of what is considered ‘reasonable or unreasonable communication’ outside of regular working hours is required to successfully integrate this legislation.
