New Right to Disconnect and Sexual Harassment Legislation: A Health and Safety Perspective
Jo Kitney, Managing Director - Kitney
At Kitney, we have been receiving inquiries about the Right to Disconnect and sexual harassment legislation, highlighting their topical nature and reinforcing the impact they have on mental health at work. Employers are keen to understand changes, how they can address them, and foster a healthy work environment.
Right to Disconnect Legislation
The Right to Disconnect legislation, effective from August 26, 2024 for non-small business employers and August 26, 2025, for small business employers, grants employees the right to refuse work-related communications outside of their working hours. This law aims to promote better work-life balance and mental health by ensuring employees can disengage from work during personal time without fear of repercussions.
The legislation responds to increasing remote work and the blurring of boundaries between work and personal life, to reduce stress and burnout and contribute to employee well-being.
Employers are encouraged to discuss and set clear expectations regarding out-of-hours contact to ensure compliance and maintain a harmonious work environment. For more details, visit Right to disconnect - Fair Work Ombudsman.
Sexual Harassment Legislation
The new sexual harassment legislation, part of the Respect@Work initiative, imposes a positive duty on employers to prevent workplace sexual harassment, sex discrimination, and victimisation. Effective from December 2023, this law requires employers to take proactive steps to create a safe and respectful workplace.
Employers must anticipate harassment scenarios and implement measures to prevent them. This includes conducting risk assessments, providing training, and fostering a workplace culture that does not tolerate harassment. The Australian Human Rights Commission has regulatory powers to enforce compliance. For more information, visit Respect@Work
Steps for Employers
Key steps to consider include:
- Review and Update Policies: Ensure these reflect the Right to Disconnect and sexual harassment laws and communicate these to employees.
- Set Clear Expectations: Establish guidelines for out-of-hours communication, ensure employees know when they can disconnect and under what circumstances they may need to be available.
- Conduct Training: Provide training on workplace harassment and the importance of work-life balance. Educate employees about their rights and the company’s commitment to a safe and respectful workplace.
- Implement Preventative Measures: Conduct risk assessments to identify scenarios and implement measures to mitigate risks. Foster an inclusive and respectful workplace culture.
- Monitor and Enforce Compliance: Review and monitor compliance and take immediate action to address any violations and support affected employees.
Organisations with a positive culture and regard for their people may find this legislation an extension of what they already have in place. For employers who have not created positive relationships
Should you require further information, please contact: e: jkitney@kitney.net | ph: 1300 548 639 | w: www.kitney.com
