Now, this is an excellent debate. In fact, it's really hit a card for many. Now, if you own a business, we want to hear from you. Should you let your workers disconnect, to not reply to emails after work, to not answer calls? And if you're a worker, do you feel that you know when it hits the end of the day, whether that's five PM or whenever, that's it. You shouldn't have to answer or communicate with work people anymore. Eight double two three double o double oh. The right to disconnect. It's a new and controversial new law, and our next guest says that it well, we really should be taking it seriously and looking at it. The Adelaide University law lecturer legal academic doctor Gabrielle Golding, Good morning to you.

Now, this is an excellent debate. In fact, it's really hit a card for many. Now, if you own a business, we want to hear from you. Should you let your workers disconnect, to not reply to emails after work, to not answer calls? And if you're a worker, do you feel that you know when it hits the end of the day, whether that's five PM or whenever, that's it. You shouldn't have to answer or communicate with work people anymore. Eight double two three double o double oh. The right to disconnect. It's a new and controversial new law, and our next guest says that it well, we really should be taking it seriously and looking at it. The Adelaide University law lecturer legal academic doctor Gabrielle Golding, Good morning to you.

Good morning Jade, Good morning Tom.

Good morning Jade, Good morning Tom.

So what's happening in workplaces out there for this to even be considered?

So what's happening in workplaces out there for this to even be considered?

Yeah, So, look, I think we've all sort of felt the pinch, particularly since the COVID pandemic, when we were all performing a lot more work from home because we had to, and we've all got devices in our hands. So you know, I'm speaking to you from a mobile phone at the moment we're all very, very connected. And what that meant is that working from home and being constantly connected has brought with it that's that pool to perform more and more work outside of working hours. So the law that we're having come in on the twenty sixth of August this year is a right to disconnect, to allow employees to be able to put down their devices and not feel compelled to actually connect and continue to perform work.

Yeah, So, look, I think we've all sort of felt the pinch, particularly since the COVID pandemic, when we were all performing a lot more work from home because we had to, and we've all got devices in our hands. So you know, I'm speaking to you from a mobile phone at the moment we're all very, very connected. And what that meant is that working from home and being constantly connected has brought with it that's that pool to perform more and more work outside of working hours. So the law that we're having come in on the twenty sixth of August this year is a right to disconnect, to allow employees to be able to put down their devices and not feel compelled to actually connect and continue to perform work.

So that's going to be enforced by legislation, doctor, Is that right?

So that's going to be enforced by legislation, doctor, Is that right?

Yeah, that's exactly right. So it's the legislative right that says that employees are able to disconnect outside of their normal working hours. There are, of course exceptions to that, but this is the general rule that we'll be operating with from that date.

Yeah, that's exactly right. So it's the legislative right that says that employees are able to disconnect outside of their normal working hours. There are, of course exceptions to that, but this is the general rule that we'll be operating with from that date.

So, gab, what's the consequences for an employer if they don't allow the right to connect?

So, gab, what's the consequences for an employer if they don't allow the right to connect?

Yeah, So, if employees aren't afforded the right to disconnect, what they can do is apply to the Fair Works Commission for order such that their employer's behavior in contacting them outside of a normal working hours needs to stop. Now, if that order isn't adhered to, what can then happen is quite a significant pecunity penalty, so fine, its effectively money.

Yeah, So, if employees aren't afforded the right to disconnect, what they can do is apply to the Fair Works Commission for order such that their employer's behavior in contacting them outside of a normal working hours needs to stop. Now, if that order isn't adhered to, what can then happen is quite a significant pecunity penalty, so fine, its effectively money.

I can hear business owners, you know, they're blood boiling right now, going, oh, here we go again. There's just more rights for employees. Is that the general feeling out there?

I can hear business owners, you know, they're blood boiling right now, going, oh, here we go again. There's just more rights for employees. Is that the general feeling out there?

Look, I think it's it's a balancing exercise, right, because I would say from the employer's side, they'd want their employees to be turning up to work feeling refreshed and not burnt out and not I guess sick of their job, you know, wanting to perhaps engage in activities like quiet quitting, for example, where you do the absolute their wisdom. So I would say that it's actually a positive from both sides. And there are of course ways in which you can still contact employees outside of normal working hours, but they need to be paid for that time.

Look, I think it's it's a balancing exercise, right, because I would say from the employer's side, they'd want their employees to be turning up to work feeling refreshed and not burnt out and not I guess sick of their job, you know, wanting to perhaps engage in activities like quiet quitting, for example, where you do the absolute their wisdom. So I would say that it's actually a positive from both sides. And there are of course ways in which you can still contact employees outside of normal working hours, but they need to be paid for that time.

And I guess the other thing too, like you mentioned, I mean, we work here at five double A, we've got twenty four hour programming. There are some exceptions where you know, people have to be contactable outside of those normal nine or five hours.

And I guess the other thing too, like you mentioned, I mean, we work here at five double A, we've got twenty four hour programming. There are some exceptions where you know, people have to be contactable outside of those normal nine or five hours.

Yeah, that's right, and the legislation does allow for that. It's not for the effect that you know, five point thirty pm on a workday. Everyone needs to just put down their devices and they're not contactible at all. For example, if you're on a rostering schedule, then of course you'll be contactible in that time. If you're perhaps paid an on call allowance, then of course you can be contacted in this time. And that's okay. But by and large, if it's outside your normal working hours, the idea is that you are able to disconnect and do so without reprisal.

Yeah, that's right, and the legislation does allow for that. It's not for the effect that you know, five point thirty pm on a workday. Everyone needs to just put down their devices and they're not contactible at all. For example, if you're on a rostering schedule, then of course you'll be contactible in that time. If you're perhaps paid an on call allowance, then of course you can be contacted in this time. And that's okay. But by and large, if it's outside your normal working hours, the idea is that you are able to disconnect and do so without reprisal.

Should there be a bit of give and take here though? I mean, if you're allowed to work from home, it allows people Let's say parents, for example, can go and pick up their kids from school, or you know, you're at home and you can put the load of washing on, you can put the you know, the slow cooker on. You're afforded some privileges when you can work from home. Should you not then give back a little bit if you know your boss needs to ring you at like six o'clock for five minutes.

Should there be a bit of give and take here though? I mean, if you're allowed to work from home, it allows people Let's say parents, for example, can go and pick up their kids from school, or you know, you're at home and you can put the load of washing on, you can put the you know, the slow cooker on. You're afforded some privileges when you can work from home. Should you not then give back a little bit if you know your boss needs to ring you at like six o'clock for five minutes.

Yeah, look, I think it will be a bit of a give and take exercise in that instance. And I would say that an employee in that position wouldn't necessarily be the client that seeking a stoff order, But if that behavior is repeated and continual and does end up impacting on someone's private life. Then there is then the option to seek a stoff order. But I would say that this law, it's not the intention of it to cycle flexibility, and we should really be celebrating the fact that employees can work flexibly and should be able to be encouraged to do that too.

Yeah, look, I think it will be a bit of a give and take exercise in that instance. And I would say that an employee in that position wouldn't necessarily be the client that seeking a stoff order, But if that behavior is repeated and continual and does end up impacting on someone's private life. Then there is then the option to seek a stoff order. But I would say that this law, it's not the intention of it to cycle flexibility, and we should really be celebrating the fact that employees can work flexibly and should be able to be encouraged to do that too.

Well, thank you so much for joining us this morning. I'm sure a lot of people weren't aware of that coming legislation, so really appreciate you coming on and sharing that with us. Doctor Gabrielle Golding, Yeah.

Well, thank you so much for joining us this morning. I'm sure a lot of people weren't aware of that coming legislation, so really appreciate you coming on and sharing that with us. Doctor Gabrielle Golding, Yeah.

That's my pleasure. Thanks for having me.

That's my pleasure. Thanks for having me.

Great stuff.

Great stuff.