A New Right for Australian Workers
Ever get that sinking feeling when your phone buzzes with a work email at 9:00 pm? Or that little voice in your head saying, “I really should reply, just in case…”?
You’re not alone. With technology making it easier than ever to stay connected, many employees feel pressure to remain available long after the workday has ended. Fortunately, recent changes to Australian employment law help protect employees’ ability to switch off outside working hours.
What is the Right to Disconnect?
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) introduced a new workplace right known as the Right to Disconnect.
From 26 August 2024 (or 26 August 2025 for employees of small business employers), eligible employees have the legal right to refuse to monitor, read or respond to work-related contact outside their working hours, if refusal is not unreasonable.
This means employees can disconnect from work after hours without fear of adverse consequences, where it is reasonable to do so.
Can Your Employer Still Contact You?
The short answer is yes.
The long answer is also yes.
Your employer, colleagues or clients may still contact you outside your ordinary working hours. However, the law recognises that employees are not expected to be available 24 hours a day.
Unless it would be unreasonable to refuse, you are entitled to choose not to respond to:
- Emails
- Phone calls
- Text messages
- Microsoft Teams or Slack messages
- Any other work-related communication
In other words, your phone may still ring, but you are not always required to answer it.
What’s the Catch?
The key word is “reasonable.”
The Right to Disconnect is not absolute. Whether it is reasonable to refuse contact depends on the circumstances of each case.
The law requires consideration of factors including:
- Urgency – How urgent is the communication?
- Role – What are your duties and level of responsibility?
- Pay – Are you compensated or expected to perform work outside ordinary hours?
- Personal circumstances – Do you have family, caring or other personal responsibilities?
A simple way to remember these factors is:
URPP
- U – Urgent
- R – Role
- P – Pay
- P – Personal circumstances
Examples
Reasonable Exercise of the Right –
Your workday finishes at 4:00 pm and you leave work to pick up your children from school. At 4:30 pm your manager calls with a minor administrative question that can wait until tomorrow.
You choose not to answer.
This would likely be considered a reasonable exercise of your Right to Disconnect.
Unreasonable Exercise of the Right –
You are a senior manager whose employment contract requires you to be available for urgent client matters outside normal business hours. You are also paid to perform after-hours work.
You are expecting an urgent client call but deliberately ignore it when it comes through.
This would likely be considered an unreasonable refusal to respond.
Why Was This Law Introduced?
Australia is not the first country to introduce this type of protection. Countries including France, Canada and Ireland have already taken steps to help employees maintain healthy boundaries between work and personal life.
The increasing use of smartphones, remote working and instant messaging has made it difficult for many employees to truly switch off after work. The COVID-19 pandemic further blurred the line between work and home, with many people finding themselves answering emails or taking calls well into the evening.
Constant connectivity can contribute to:
- Stress
- Burnout
- Poor work-life balance
- Fatigue
- Reduced wellbeing
The Right to Disconnect aims to restore healthier boundaries by recognising that employees should generally be free to enjoy their personal time without unnecessary work interruptions.
What Happens if There Is a Dispute?
The law encourages employers and employees to resolve concerns through open communication wherever possible.
If a dispute cannot be resolved internally, either party may apply to the Fair Work Commission, which has the power to make orders requiring:
- an employer to stop making unreasonable after-hours contact; or
- an employee to respond where refusing contact is unreasonable.
Are Employees Protected?
Yes.
Employees are protected from adverse action for reasonably exercising their Right to Disconnect.
If an employer penalises an employee for exercising this right, the employee may have grounds to bring a General Protections claim under the Fair Work Act 2009 (Cth).
Examples of unlawful adverse action may include:
- Dismissal
- Demotion
- Reduction in hours
- Discrimination
- Other detrimental treatment because the employee exercised a workplace right
A good example is Martin v Cairns Rudolf Steiner School [2025] FWC 368, the first Australian case to rely on the new Right to Disconnect as part of an adverse action claim. The case involved a teacher who was contacted about serious misconduct allegations while she was on leave during the school holiday period. She argued that she should be able to disconnect and deal with the matter when she returned to work. After she was later dismissed, she claimed the school had taken adverse action against her for exercising her workplace rights, including the Right to Disconnect. Although the case did not determine whether Martin’s refusal to respond was reasonable, it was the first Australian case to test the new Right to Disconnect in the context of an adverse action claim.
Need Advice?
If you have questions about your Right to Disconnect, or believe you have been treated unfairly for exercising your workplace rights, the Deakin Law Clinic may be able to assist.
Our experienced supervising lawyers and law students are passionate about helping Victorians understand and protect their legal rights.
Contact Us
Email: law-clinic@deakin.edu.au
Deakin Downtown: (03) 9244 3000
Deakin Waterfront: (03) 5227 1100
For further information about the Right to Disconnect, visit the Fair Work Ombudsman – Right to Disconnect website.