QHA-Review_April_Digital

Sarah Swan
EMPLOYMENT RELATIONS
• if an employee’s position is a specialised one with
increased responsibility (e.g. approved managers,
food safety supervisors, IT technicians), contact for
a task relevant to their position
• contacting an employee to notify them of a changed
shift, or to offer a casual employee a shift
• notify the employee of a change in work location
• inform an employee of an emergent situation that
requires their attention
• to ask an employee a question that cannot wait
until they are next back at work (e.g. where the
employee left a set of keys)
• if an employee is ‘on call’ and is in receipt of an oncall
allowance, reasonable contact as part of their
on-call duties
• emailing a list of tasks for the employee to complete
when they are next on shift
An important factor in determining whether a refusal is
unreasonable is the nature of an employee’s role and
their level of responsibility. For managerial staff and
senior employees whose positions attract a high level
of responsibility within the business, and/or who are
appropriately compensated in their salary for working
reasonable additional hours, necessary contact at
times when they are not at the workplace is likely to be
considered reasonable, particularly during peak trading
seasons.
Employees who work flexible hours and who currently
send emails at times convenient to them can continue
to do so, with the continued existing expectation that
there is no obligation for the recipient to respond until
they are next back at work.
What can’t employers do?
Employers cannot punish employees, take disciplinary
action or treat adversely an employee who exercises
their right to disconnect and to not return contact
outside of their working hours, where the exercise of
that right is reasonable.
What next?
These provisions will take effect from 26 August 2024,
or 26 August 2025 if you are a small business (less
than 15 employees).
In the interim, employers should ensure their managers
are aware of the new right, and that they are unable to
take action against employees who exercise their new
right to disconnect.
The QHA’s Employment Relations team will be
available to discuss any questions or concerns about
these changes. Please contact the ER Department
team on 07 3221 6999 or er@qha.org.au.
QHA REVIEW | 45