Unprepared employers can face big fines for non-compliance with new ‘Right to Disconnect’ laws that apply from Monday, August 26, according to one of Australia’s leading employment experts.
Natasha Hawker, Managing Director of Employee Matters, warns that every business in the nation with 15 or more staff is at risk for failing to meet their Right to Disconnect obligations.
“Ignorance is no excuse – employers must take action to comply now,” Ms Hawker warns.
Under this new industrial legislation, eligible employees will have a new “right to disconnect” with their employer outside of work hours, unless their refusal is unreasonable. It means an employee can refuse to monitor, read or respond to contact from an employer or a third party outside of working hours.
Penalties for non-compliance can reach up to $19,000 per breach for individuals and explode to $90,000 per breach for companies under the Closing Loopholes Bill which covers the right to disconnect.
In a recent case, the NSW Personal Injury Commission ordered an employer to pay a Return-to-Work Coordinator 10 months’ back pay plus ongoing compensation for harassment during the employee’s personal leave.
The employee’s supervisor repeatedly made calls and emails to the coordinator (the employee) and even suggested involving the police for a welfare check – actions deemed unnecessary and provocative, especially given the employee’s role in ensuring safe and successful returns to work.
“Under the new Right to Disconnect Laws, such a case could lead to fines,” Ms Hawker said.
Ms Hawker says Australian businesses should urgently seek expert HR advice to update their internal policies to cover the Right to Disconnect legislation. This includes training and guidance on what constitutes reasonable and unreasonable contact outside of work hours.
“Each business needs to determine what works best for their own circumstances, respecting employee rights while maintaining the desired flexibility for both parties,” she explains.
“Implementing these changes offers an opportunity to improve workplace communication, attract and retain top talent, and enhance employee engagement by reducing potential psychological risks.
“These risks are known in the industry as ‘psychosocial hazards’. The alternative is non-compliance, the risk of hefty fines, low morale, decreased productivity, and poor employee retention.”
NATASHA HAWKER’S TOP TIPS FOR EMPLOYERS:
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Educate yourself about the Closing Loopholes Bill.
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Understand your obligations as an employer.
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Use this opportunity to foster workplace communication.
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Seek expert advice to update and implement your internal policies.
NATASHA HAWKER IS ALSO AVAILABLE TO SPEAK ON
THE FOLLOWING EMPLOYMENT TOPICS:
Exiting Employees: How to fire someone without getting sued.
Win the War for Talent: How to hire the best you can afford.
Your A-Team: How to build high-performing teams.
Decoding Jargon: Understanding ‘psychosocial hazards’ in the workplace.
Key Facts:
More information on Right to Disconnect Laws available HERE
About us:
ABOUT NATASHA HAWKER
Natasha Hawker is a highly experienced employee expert, speaker, author and entrepreneur. Her forte lies in understanding and communicating all aspects of HR, people management, and employment relations. With nearly three decades as a presenter, her reach extends internationally, sharing her knowledge with audiences in Australia, New Zealand, Philippines, USA, France, India, and the UK.
ABOUT EMPLOYEE MATTERS
Founded by Natasha Hawker in 2011, Employee Matters offers businesses top-tier, in-house HR and recruitment expertise. Specialising in helping SMEs to become more profitable, grow, and build sustainable businesses, Employee Matters is Australia’s go-to resource for all employment issues and challenges. As a finalist in the 2023 Telstra Best of Business Awards, Employee Matters continues to set the standard for excellence in HR services. https://www.employeematters.com.au/
Contact details:
EDITORS AND PRODUCERS PLEASE NOTE:
Natasha Hawker is available for interview (TV, radio, print) on Monday August 26 out of Melbourne.
On Tuesday August 27 from midday, she will be available in Sydney.
Media interviews, please contact:
eckfactor – Karen Eck 0438 532 569, Karen@eckfactor.com
