New laws came into effect for small businesses and their employees yesterday. These changes relate to the right to disconnect and the employee choice pathway for casual employees.
The Fair Work Commission has published a fact sheet outlining the laws with additional resources appropriate for clients.
Right to Disconnect
The right to disconnect started for small businesses and their employees. This means that employees can refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable.
‘Employee choice’ pathway
Additionally, eligible casuals in small businesses can notify their employer in writing of their intention to change to full-time or part-time employment. This is called the ‘employee choice’ pathway. A casual employee can also choose to remain casual.
The employer must respond to any requests they receive. They may also refuse the request in some circumstances.
You can read what has been learned about the additional challenges for law firms navigating demanding client expectations and extended work hours one year on here.


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