As of August 26, 2024, employees of non-small business employers in Australia now have the Right to Disconnect, meaning they can legally refuse to monitor, read, or respond to work-related communication outside of their standard working hours—unless doing so would be deemed unreasonable.

What Does the Right to Disconnect Mean?

The new legislation aims to protect employees from being expected to engage in work-related communications after hours. However, there are exceptions based on factors such as the urgency of the request, job responsibilities, and industry expectations.

Key Scenarios to Understand the Law

Scenario 1: Selim the Consultant

  • Selim works from 7:30 AM to 4:00 PM to accommodate childcare needs.
  • At 4:30 PM, his boss, Ava, receives an urgent email but chooses not to contact Selim, knowing his work hours have ended.
  • Legal Outcome: Under the new law, Selim has the right to disconnect, and Ava is respecting that boundary appropriately.

Scenario 2: Elizabeth the Associate

  • Elizabeth is temporarily filling in for her manager and receiving additional pay for extra responsibilities.
  • After work, her boss contacts her regarding an urgent project, but Elizabeth ignores the call until 8:00 PM.
  • Legal Outcome: Given her higher role and compensation, Elizabeth’s refusal to engage may be considered unreasonable, and she might not be protected under the new law.

Exceptions to the Right to Disconnect

While the law is designed to improve work-life balance, some professions and situations are exempt from strict enforcement, particularly those involving:

  • Emergency services and essential workers.
  • Roles requiring availability outside standard hours, such as legal professionals and executives.
  • Urgent operational needs where delays could result in financial or safety risks.

How This Law Impacts Employers and Employees

  • Employees should discuss boundaries with their employers and clarify expectations.
  • Employers must ensure workplace policies align with the new law to avoid potential disputes.
  • Failure to comply with the Right to Disconnect laws could lead to legal consequences and workplace claims.

Get Expert Legal Guidance

Understanding your workplace rights and obligations under the Right to Disconnect law is essential for both employers and employees. At Rothschild Group, we provide expert legal advice to help businesses and professionals navigate employment law compliance effectively.

Need legal guidance on workplace rights? Contact Rothschild Group today for expert employment law advice.