Sport insights - February 2024

Access the latest legal news, information and insights impacting the sport and leisure industry.

Special issue: employees' right to disconnect

Australian employees have been granted a legal right to disconnect. How will this new legal right impact sporting organisations?

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 recently passed through both houses of Parliament.

Once the law commences, employees will have a legal right under the Fair Work Act 2009 (Cth) to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours unless the refusal is unreasonable.

The scope of this right will apply to calls, emails, texts, MS Teams messages and any other contact by an employer after hours that is not reasonable.

The legal right to disconnect also extends to any contact or attempted contact from third parties outside of the employee’s working hours that relates to work matters.

There has been much debate in relation to the change, with many organisations expressing concerns that it is unnecessary and may lead to increased disputes between employers and employees.

This article from Lander & Rogers’ Workplace Relations & Safety team provides a comprehensive overview of the new right to disconnect, assesses its implications on the broader workforce, and proposes measures for employers to adequately prepare for the legislation's enactment.

If you would like further guidance on what your organisation can do now to prepare for the new legislation, please don’t hesitate to get in touch.

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