Australia has introduced a new “right to disconnect” law, providing much-needed relief for employees who feel pressured to respond to work-related calls or messages outside of their regular working hours.
These groundbreaking regulations, which came into effect this year, allow employees to ignore work-related communications after hours without fear of reprisal, marking a significant shift in the country’s approach to protecting workers’ rights and mental health.
The new law does not explicitly prohibit employers from reaching out to their staff outside of regular working hours. However, it empowers employees with the right to choose whether or not to respond.
This shift is designed to alleviate the pressure many workers feel to remain constantly available, a situation that has contributed to an environment ripe for workplace bullying and harassment.
Australia’s “right to disconnect” legislation is part of a broader international movement, with over 20 countries, predominantly in Europe and Latin America, already adopting similar measures.
However, in Australia, where the rates of workplace bullying are alarmingly high, these new rules are especially critical.
A World Risk Poll shows that Australia and New Zealand have the highest incidence of workplace bullying globally, with an astounding 47.9% of workers reporting some form of harassment during their careers.
The repercussions of workplace bullying in Australia are not only emotional but also financial, with the Australian Human Rights Commission estimating the cost at a staggering $36 billion annually.
This encompasses all forms of harassment—verbal, physical, social, and psychological—perpetrated by employers, managers, or even colleagues.
The toll on mental health is equally concerning, with more than 7,000 Australians each year receiving compensation for work-related mental health conditions. Alarmingly, 41% of these claims over a five-year period were directly linked to harassment, bullying, or exposure to violence, according to Safe Work Australia.
By introducing the “right to disconnect” law, Australia is taking a crucial step towards reducing these troubling statistics. The law aims to establish clear boundaries between work and personal life, thereby reducing the opportunities for workplace bullies to exploit after-hours communication as a means of exerting undue pressure or control.
When employees are granted the freedom to disconnect without the fear of negative repercussions, it not only promotes a healthier work-life balance but also serves as a deterrent against the escalation of bullying.
Under the Fair Work Act 2009, Australian employers are already required to provide a safe and healthy work environment, which includes taking steps to prevent workplace harassment.
The new disconnect rules further reinforce this obligation, providing an additional layer of protection for employees. While some states and territories in Australia have their own occupational health and safety laws addressing workplace harassment, this federal law closes a critical gap by specifically addressing the issue of after-hours communication—a common tool used by workplace bullies.
Disputes regarding the “right to disconnect” are initially expected to be resolved directly between employers and employees. However, if a resolution cannot be reached, the Fair Work Commission (FWC) is empowered to intervene.
The FWC can order an employer to stop contacting an employee after hours or, conversely, require an employee to respond if their refusal is found to be unreasonable. Failure to comply with these orders can result in significant fines, with penalties reaching up to A$19,000 for individuals or A$94,000 for companies.
As these new laws take effect, Australia is setting a strong precedent in the fight against workplace bullying. The “right to disconnect” law not only upholds workers’ rights to a balanced and harassment-free work environment but also serves as a firm warning to workplace bullies that their behaviour will no longer be tolerated.
