One of the most controversial elements of the Closing Loopholes legislation starts today, allowing employees to ignore out-of-hours contact from their employer.
The Fair Work Commission will approach disputes over the upcoming right to disconnect in a similar way to anti-bullying claims, it says, including by issuing stop orders.
The employees who right-to-disconnect laws aim to help might be those least likely to benefit, according to a workplace lawyer who is concerned the entitlement will be exploited.
Shift notifications and emergencies are specifically catered for in the Fair Work Commission's draft 'right to disconnect' clause, but detailed guidance won't be provided until after the new right is in place.
Recent and upcoming legislative changes require HR professionals to carefully review existing and template employment contracts to mitigate their risk of non-compliance, a workplace lawyer stresses.
"Mapping out" how, when and why employees are contacted after hours will help employers prepare for the right to disconnect reforms, and alleviate some of the uncertainty that accompanies these changes, according to a workplace lawyer.
From August, employees will have a legislated right to disconnect from work. Watch this HR Daily Premium webcast to understand what this means for your organisation.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Watch this HR Daily Premium webcast to minimise your legal risks while maximising your performance outcomes.
