Sam walks into HR, clearly agitated. “I’m unhappy with the outcome. It should have been different.” HR patiently explains “Let me help you to understand. The outcome is fully compliant with the law.” Sam pauses, “Oh, sorry. That’s my mistake. If the outcome is legally compliant, then I’m all good!” Sam thanks HR for their time, leaving the office with a renewed spring in their step, keen to get back to work.
Not familiar?
We all know this isn’t a reality (as much as we would like it to be), and the reverse is a more universal truth. We all understand, even if only experientially, an employee’s perception of the outcome weighs far more heavily than a later explained legal truth. We know that to hopefully avoid (or to at least manage) these situations, our time needs to be invested before the outcome is known, and preferably well before Sam’s expectations around potential outcomes take root.
As many of us pause to reflect on the ending financial year, our plans for managing the Right to Disconnect should now be finding its way to the top of our to-do lists (if it’s not already there). In most respects, the Right to Disconnect is simple, confined, and capable of ready management. At the same time, I suspect the gulf between legal compliance and our employees’ expectations about what the Right to Disconnect provides is wider than many of us might anticipate.
Ahead of the 26 August 2024 commencement date for the Right to Disconnect, beginning the process to align perceptions to the law should begin soon (if they’re not already underway). That process doesn’t need to be complicated or overdone, but a Policy that sets organisational expectations would be a good start. It’s true that we’re unlikely to see the Fair Work Commission’s model award term until shortly before the Right to Disconnect commences, but that should not be a reason for inaction now.
