By Greg Romeo, Kelly Workplace Lawyers
Understanding the Right to Disconnect
The right to disconnect is an emerging workplace entitlement in Australia that allows employees to refuse to monitor, read, or respond to work-related communications outside of their ordinary working hours. This includes emails, phone calls, messages, and other forms of contact.
The principle behind this right is simple: employees should be able to enjoy their personal time without being obligated to respond to work, supporting better work-life balance, mental health, and overall wellbeing.
When is Refusal Reasonable?
The right to disconnect is not absolute. Employees need to assess whether refusing contact is reasonable in the circumstances. Some factors to consider include:
-
The nature of the contact – Is it urgent, critical, or routine?
-
Remuneration for extra work – Are you being paid for overtime or on-call work?
-
Disruption caused to you – Will responding during off-hours impact your rest, family, or health?
-
Personal circumstances – Consider family responsibilities, health, or other obligations.
A refusal is considered unreasonable if it compromises urgent business operations or safety requirements. Employers are expected to take these factors into account before determining whether an employee’s refusal is justified.
Recent Political and Legislative Context
The right to disconnect has been a contentious issue in Australian politics. During the recent federal election, the Coalition signaled its intention to repeal the right, citing concerns from employers about operational flexibility. Despite this, the right is expected to remain, at least in the short term, and likely permanently, given similar laws being enacted internationally in countries such as France and New Zealand.
These developments indicate a growing recognition that employees should not be constantly “switched on” and that boundaries between work and personal life are increasingly important in modern workplaces.
Legal Protections
The right to disconnect is a workplace right under Australian workplace law. This means your employer cannot take adverse action against you simply because you refuse to answer work communications outside your hours. Adverse action includes dismissal, demotion, reductions in pay, or other forms of unfair treatment.
Employers are encouraged to create clear policies that outline expectations for after-hours communication and to respect employee boundaries while balancing operational needs. Open communication about reasonable response times and on-call duties can help prevent conflicts.
Taking Action
If you have tried to exercise your right to disconnect and have faced negative treatment, or if your employer is refusing to allow you to disconnect, it’s important to seek advice promptly. Workplace law specialists can help you understand your rights, assess whether the employer has acted unlawfully, and take steps to resolve the issue.
If you want guidance on how to implement or defend your right to disconnect, please book an appointment through our bookings tab to speak with one of our workplace law specialists.