Understanding the right to disconnect
The right to disconnect recognises that the boundary between work and personal time has become increasingly blurred with digital communication. It gives employees a protected right to switch off from work outside their working hours.
What employees can refuse
- Monitor work communications
- Read emails or messages
- Respond to contact
- Unless refusal is unreasonable
Reasonableness factors
- Reason for the contact
- How contact is made
- Level of disruption
- Compensation for availability
When the right applies
The right to disconnect applies to contact outside an employee's working hours. Key considerations include:
Key application points
Determining reasonableness
Whether a refusal to engage is unreasonable depends on several factors:
- Reason for contact: Emergency vs routine matters
- How contact is made: Intrusiveness of the method
- Disruption: Level of interference with personal time
- Compensation: Whether paid for being available (on-call)
- Role nature: Seniority and responsibilities
- Personal circumstances: Family or caring responsibilities
New workplace right
The right to disconnect is a new workplace right under the Fair Work Act. Taking adverse action against an employee because they exercise this right may constitute a general protections breach. The Fair Work Ombudsman provides guidance on compliance.
Employer obligations
What employers should do
- Review contact practices
- Set clear expectations
- Update policies if needed
- Train managers
Practical steps
- Schedule emails for work hours
- Define what's genuinely urgent
- Formalise on-call arrangements
- Respect personal boundaries
Common disconnect mistakes
Labelling everything "urgent"
Treating routine matters as emergencies to justify after-hours contact, which undermines the right to disconnect.
Expecting immediate responses
Creating a culture where employees feel they must respond immediately to after-hours messages, even without explicit requirement.
Penalising employees
Taking adverse action against employees who exercise their right to disconnect, which breaches general protections.
Key takeaways
The right to disconnect protects employees' work-life balance by allowing them to disengage from work contact outside working hours, unless refusal is unreasonable. Employers should review their communication practices and set clear expectations.
Clear scheduling supports disconnection. RosterElf helps set defined work hours and reduces last-minute scheduling changes, supporting employees' ability to plan their personal time.
