Latest news with #RightToDisconnect
Daily Mail
3 hours ago
- Business
- Daily Mail
Major change for millions of Aussie workers next week
More than 5.1million Aussies who work for a small business will soon have the right to ignore calls and texts from their bosses after hours. The second stage of 'right to disconnect' laws comes into effect next Monday, exactly one year after the Albanese government enforced the rule for companies with more than 15 employees. The controversial laws give employees the right to refuse to monitor, read, or reply to contact outside their working hours, unless doing so is unreasonable. This includes contact from an employer, colleagues and third parties such as clients and suppliers. But the laws don't make it unlawful for an employer to contact an employee outside working hours. 'Instead, they give employees a right to refuse to monitor, read or respond to the contact, unless doing so is unreasonable,' the Fair Work Ombudsman website states. Whether or not a refusal is unreasonable will depend on the circumstances. Factors could include the nature of the worker's role and level of responsibility, their personal circumstances and extra pay, or compensation received for working additional hours or being available after hours. Ahead of the major change, the NSW Small Business Commissioner has urged employers and employees from the outset to have a conversation about what out-of-hours contact might mean. 'They should set expectations about contact and responding to contact when either party is not working,' the website states. However, many questions remain, including what is considered unreasonable. There isn't any advice in the legislation, which encourages businesses to consider whether employees are being paid for this time after-hours or if the request is urgent. Those who don't comply with the laws have been threatened with hefty fines of up to $18,780 for individuals and $93,900 for companies per breach. However, no cases involving large companies have yet made it to court in the first year of legislation. The laws have reignited online debate among employees and small business operators. 'I'm a manager and constantly get calls and texts after hours, weekends and holidays. Staff wanting to swap shifts, calling in sick, and security call-outs,' one woman posted online. 'Wow, I'm gonna be getting paid 24/7. Shouldn't this work both ways? Staff should respect their bosses' time off also.' A worker added: 'Your boss is only your boss during work hours, after work hours he's just another person & I decide if I answer their calls or not.' Workers on call 24-7 were concerned about the potential impact the laws could have on their role. 'I work a job doing supermarket refrigeration service, does this mean I can ignore emergency breakdowns, even though I'm on call 24/7?' one wrote. 'Or can I ignore texts telling me which job I will be at next morning? Or what about important information about jobs I need to pass onto my boss? Can I just not do that because it's out of hours?' However, others had no problems with being contacted after hours by their bosses. 'I work for a small company and sometimes it just happens. If you have a respectful relationship with your management it shouldn't be an issue from time to time,' one woman commented.
Yahoo
19 hours ago
- Business
- Yahoo
Major work change kicks in next week for 2.6 million Aussies: 'Could be complications'
Small businesses are less than one week away from being affected by the new Right to Disconnect laws. The legislation was brought in last year for large businesses and companies, but August 26 will see roughly 2.6 million smaller enterprises forced to adhere to the change. Those who employ 15 or fewer staff across full-time, part-time, and casual roles will have to ensure those employees aren't unreasonably contacted outside of work hours. Anne Nalder, CEO of the Small Business Association of Australia (SBAA), told Yahoo Finance she's concerned about how it might impact the industry. "One of the major issues is that there is little information or publicity from governments about how the new regulations and legislation affect a small business," she said. RELATED Right to disconnect warning as worker sues former employer for $800,000 Centrelink blow for 460,000 pensioners as major change to deeming rates announced Drakes Supermarket boss defends controversial Centrelink stance after worker shortage "This is another example of further regulatory imposition on small businesses, who are already facing tough economic conditions." "There could be complications for those who are casuals, as there are times when someone is sick and cannot report for work, resulting in the employer having to call an employee potentially after hours."How do the Right to Disconnect laws work? The Right to Disconnect rules were first introduced in August last year. They're meant to protect employees from being hounded by managers or colleagues with messages, emails or calls outside of regular hours. This is also extended to work-related contact from clients or members of the public. While the law doesn't stop these people from contacting you, you have a right not to reply or engage with the communications. But the main caveat embedded within the legislation is that you only have a right to disconnect from "unreasonable" contact out of hours. If someone gets sick and can't complete the presentation needed first-thing in the morning, your boss might determine it's reasonable to call you to request that you finish it. But if you get a bevy of Slack messages asking you to look at a report outside of work hours when it's not due until the end of the week, that might be labelled unreasonable because you can examine it when you're back at work. The Fair Work Commission outlines what matters must be considered when weighing up the unreasonable versus reasonable contact here. How have the laws worked for workers in big business? ELMO HR Software recently surveyed people affected by the Right to Disconnect rules and found only three in 10 felt very comfortable ignoring out-of-hours work messages. Nearly two in five said they felt uncomfortable in giving those messages the cold shoulder. More than three in five (62 per cent) admitted they responded to out-of-hours contact simply to "look committed" or "avoid negative judgement". Job site Indeed also found four out of five Aussie workers were still being contacted outside their normal hours, while 65 per cent said they'd been contacted by their boss on annual or personal leave. Despite that, it has started to achieve its goal. The Centre for Future Work revealed that after the laws came into effect, the amount of unpaid overtime had fallen 33 per cent, from 5.4 to 3.6 hours per week. The decline in unpaid work was highest for workers aged 18-29, who experienced about a 40 per cent reduction in their weekly unpaid workload. Before the rules came in, Aussies were performing a collective 3.3 billion hours of unpaid work each year. That figure is now down to 2.2 billion hours nationally. There was even a dismissal case in Queensland where the Right to Disconnect rules were cited for the first time in court. McCabes Lawyers principal Tim McDonald told Yahoo Finance this represented how far workers were willing to go to protect their rights. Concerns raised for small businesses Recruiter Tammie Christofis Ballis is a small business owner and is worried the Right to Disconnect laws could have a much bigger impact on places like hers compared to bigger companies. "They've got more staff and resources to deal with any issues that pop up," she told Yahoo Finance. "Sometimes with the smaller businesses, they might say, 'Look, I need you to stay back an hour, otherwise a crucial business thing might not go through'. "I come from fish and chip shops and when there's one down, the whole place feels it and you're stuffed on a Friday night." She said this concept extends to plenty of small businesses, and the idea of what's reasonable and unreasonable might look very different compared to a bigger company. Nalder told Yahoo Finance that business owners will need to plan "well in advance" after the rules kick in and create "contingency plans for any unforeseen emergencies". She also called for owners to be granted "some leniency" in certain situations in the coming months as workers and bosses adjust to the new law.
Daily Mail
03-06-2025
- Business
- Daily Mail
EXCLUSIVE Teacher Michelle Martin sues Cairns Rudolf Steiner School over right to disconnect laws
A former primary school teacher has claimed she was unfairly sacked for allegedly raising complaints with her employer and refusing to respond outside working hours. Michelle Martin, who was a Class 1 teacher at Cairns Rudolf Steiner School in Kuranda State Forest, Queensland, filed a statement of claim in federal court in May. In it, she accused the independent school, which is also run under the name Cairns Hinterland Steiner, of unfair dismissal and has sought a payout of $780,000. Ms Martin alleged she was targeted after complaining about child safety and a person reviewing the school. She also said they insisted on contacting her during the holiday period, when she was exercising her 'right to disconnect'. Under laws launched by the Albanese government in August 2024, employees have the right to refuse employer or third-party contact outside working hours. By citing the law in her statement, Ms Martin's case is understood to be a first for Australia in referencing the new workplace rules. 'Teaching is the only profession that creates all others,' Ms Martin's legal representative Tom O'Donnell, from O'Donnell Legal, told Daily Mail Australia. 'We understand this case may help clarify how the Right to Disconnect provisions operate in practice - not just for teachers, but for all Australian workers.' In March, the Fair Work Commission heard that Ms Martin made two complaints to the school between January and March last year. She then took leave due to stress and a medical report informed the school on August 27 that discussing the prospect of not returning to work could make exacerbate it. The commission also heard that discussing potential legal consequences, negative feedback or warnings could also negatively impact her. On September 12, despite recommendations and during school holiday, the school emailed Ms Martin a letter setting out six allegations of 'management matters'. The letter told her to respond in writing by close of business in eight days, still during the holiday period. Ms Martin responded through her solicitor, pointing out that it was the school holidays and that she was receiving treatment for a medical condition. 'The response referred to the right to disconnect... and proposed a revised date,' the commission heard, but the school maintained Ms Martin was not on holiday. On October 8, Ms Martin was dismissed, 'purportedly based on (her) failure to respond to the allegations,' the commission heard. The school refuted allegations it had breached workplace rights or contraventions during the commission's hearing. Daily Mail Australia has contacted it for comment. In Ms Martin's statement of claim, filed on May 2, she argued she lost out on thousands of dollars. She claimed she would have stayed on in the role for six years, which meant she lost $730,000 in income. She also requested $50,000 for hurt and humiliation. Her claim said the refusal to extend the deadline to respond, and the decision to sack her, 'directly or indirectly prevented the applicant from exercising her right to disconnect'. 'For Ms Martin and her family, these proceedings represent her legal right to seek redress following the termination of her employment as a teacher,' Mr O'Donnell said. With legal proceedings underway, Mr O'Donnell said it would be inappropriate to comment on specific details of the case. According to the new workplace laws, a worker can legally ignore calls and texts from their boss out of hours. But it doesn't apply to emergencies, and working out what's reasonable includes the reason for making contact, how disruptive it is, the nature of someone's job and their personal circumstances including caring responsibilities.
