Employees became legally protected from monitoring, reading or responding to employers or third parties outside of working hours, unless the refusal was unreasonable, one year ago tomorrow.
Since then, 56 per cent of surveyed employers reported formal complaints from staff wanting to use their right, while 15 per cent reported informal feedback or comments, according to recruitment agency Robert Half.
Robert Half commissioned research into 500 hiring managers in finance and accounting, IT and technology and human resources from small to medium, large private and public sector businesses across Australia.
Small to medium businesses were found to have received 11 per cent more concerns from staff than large businesses.
And a staggering 78 per cent of employers in Western Australia were more likely to receive formal complaints from staff, followed by 62 per cent in Queensland, 43 per cent in NSW and 42 per cent in Victoria.
Robert Half director Nicole Gorton said cultural norms and local industry dynamics played a role in how the legislation is being embraced in different regions.
The survey found that 93 per cent of employers had introduced at least one measure to support their staff’s right to disconnect.
“The overwhelming positive response from employers is a clear signal that the right to disconnect has become a catalyst for cultural change,” Gorton said.
“The legislation has seen businesses actively adapting their internal processes to build healthier and more sustainable work environments for their people.”
As a result of the legislation, 59 per cent of employers reported feeling that staff attitude towards after-hours communication had changed.
Even more, 77 per cent, noticed improved well-being and work-life balance.
“The right to disconnect has sparked a positive change in workplace dynamics, with employees actively embracing the policy to set healthier boundaries after work hours, challenging the ‘always-on’ culture that has become so prevalent,” Gorton said.
The right to disconnect was passed in February 2024 and came into effect in August that same year.
Eligible employees are allowed to refuse to engage in after-hours communication, in reasonable circumstances, without the fear of discipline or retaliation.
If an employer violates these rights, they can be fined up to $18,000 if requests are denied and internal mediation does not work.
Employment Minister Murray Watt said clocking off used to mean time with to yourself or loved ones, but technology had warped that definition.
“Many workers feel pressured to remain connected to their emails and calls long after they have finished their workday,” he said when the rules came into effect.
“It should not be controversial that workers shouldn’t be required to do unpaid overtime.
“The right does not prohibit employers or employees contacting one another.
“It just means, in most circumstances, an employee does not need to respond until they are back at work.”
