Right to disconnect: Workers, bosses clash over right to ignore calls, texts

A worker can legally ignore calls and texts from their boss out of hours as the right to disconnect is ushered in, but businesses warn there’s uncertainty about how it works.

Workers across Australia can now refuse to monitor, read or respond to work communication outside of paid hours, unless doing so is unreasonable.

Workplace Relations Minister Murray Watt said this would depend on seniority and the type of role as he encouraged workers to have a conversation with their boss.

“What this is really about is trying to bring back a bit more work-life balance into people’s lives,” he told Sky News on Monday.

“What we’re asking people to do is just have a bit of respect for people’s private life and recognise that they’re not being paid after hours to take those calls.”

Junior employees who aren’t highly paid shouldn’t have to take calls for a run-of-the-mill matter that could wait until the next day, Senator Watt said.

Workers like Lizzy Grant who would spend hours checking her phone for last-minute roster updates and responding to emails from her boss are expected to benefit from the reduction in unpaid hours.

Ms Grant switched from working full-time in the public service to part-time in airline customer service because she wanted to spend more time taking care of her elderly mother and watching her grandchildren grow up.

But a “restless” Ms Grant found her 20-hour week would often balloon to a 40-hour workload as she constantly replied to emails and texts about technical airline issues like dangerous goods and load controls.

But it could be expected that a worker would pick up during an emergency situation or for highly paid senior employees to return calls, Senator Watt said.

Business groups and the coalition are casting doubt on what the term “unreasonable” means.

“It isn’t going to spark a conversation, it’s actually wrapping employers up in additional red tape and making some jobs completely unworkable,” opposition finance spokeswoman Jane Hume said.

“Adding more rights for workers for something that is just part of a normal working relationship is unreasonable, particularly for small businesses here, who just need to go and get the job done.”

Business Council of Australia chief executive Bran Black says it puts Australia’s competitiveness at risk.

“At a time when productivity has flatlined and insolvencies are increasing, we can’t risk making it harder to do business with added red tape,” he said.

The government’s reforms also improve rights for gig workers and provisions for casual employees to transition into permanent employment.