Australia’s Right to Disconnect laws have now been considered in a published employment tribunal decision, providing employers with useful early guidance on how the new workplace right may operate in practice.

For Queensland employers, the decision reinforces an important point: the Right to Disconnect does not prevent employers from contacting employees outside their ordinary working hours. Rather, employees have a right to refuse to monitor, read or respond to work-related contact outside their working hours, unless that refusal would be unreasonable.

The distinction is important, particularly for businesses where occasional after-hours communication is necessary.

Understanding the Right to Disconnect

The Right to Disconnect is contained in the Fair Work Act and applies to employees in the national workplace relations system.

The right commenced on 26 August 2024 for employees of non-small business employers and was extended to employees of small business employers from 26 August 2025.

Employees may refuse to monitor, read or respond to contact, or attempted contact, from their employer outside their working hours unless their refusal would be unreasonable. The right can also extend to work-related contact from third parties, such as customers or clients.

Whether a refusal is unreasonable depends on the circumstances. Factors that may be considered include the reason for the contact, how the contact is made and the level of disruption caused, whether the employee is compensated for being available outside their ordinary hours, the nature and level of responsibility of their role, and their personal circumstances, including family or caring responsibilities.

This means there is no single rule that will apply to every employee or workplace.

What happened in the first published Right to Disconnect case?

The case involved apprentices employed at a hairdressing salon who raised several workplace claims, including allegations relating to the Right to Disconnect.

One apprentice alleged that the salon owner regularly contacted her outside working hours through social media platforms. Some communications concerned work, while others related to her personal life. The apprentice claimed the owner could become unhappy with her or ignore her at work if she did not respond.

While the tribunal accepted that the conduct placed some pressure on the apprentice to respond, it was not satisfied that this was sufficient, in the circumstances, to establish interference with her Right to Disconnect.

A further issue arose when the apprentice was asked to take the salon’s mobile phone home over a long weekend and monitor messages without payment. The apprentice took the phone but indicated that she would not monitor it. Importantly, there did not appear to be consequences imposed because of her refusal. The Right to Disconnect claims were ultimately unsuccessful.

What does the decision mean for employers?

The decision should not be interpreted as giving employers unrestricted freedom to contact employees after hours. Instead, it highlights the importance of considering the difference between contacting an employee and requiring or expecting the employee to respond.

There will continue to be legitimate reasons for contacting employees outside their ordinary working hours. An unexpected absence, workplace emergency, urgent operational issue or significant customer matter may require after-hours communication.

The employee’s role will also be relevant. Expectations placed on a senior manager who is remunerated to manage significant operational responsibilities may be different from those placed on a junior employee who is not paid or otherwise compensated for after-hours availability.

Employers should therefore consider whether an immediate response is genuinely necessary before contacting an employee outside their working hours.

Employers should also be cautious about workplace cultures where employees feel they must always be available. Even without an express direction to respond, repeated late-night messages, expectations of immediate responses or criticism of employees who do not engage outside working hours may create unnecessary workplace relations risks.

Importantly, the Right to Disconnect is a workplace right under the Fair Work Act. Employers should therefore exercise particular caution before disciplining, disadvantaging or otherwise taking adverse action against an employee because they did not respond to after-hours contact.

What employers can do to ensure appropriate implementation of the Right to Disconnect

Queensland employers should consider taking the following practical steps:

• Review policies and procedures to ensure they appropriately address the Right to Disconnect.
• Clarify expectations about when employees are genuinely required to be available outside ordinary working hours.
• Review contracts and position descriptions for roles involving after-hours availability or on-call responsibilities.
• Train managers and supervisors about when after-hours contact is appropriate and when a response can reasonably wait.
• Review workplace culture to identify whether employees may feel an unwritten expectation to remain constantly connected.
• Consider remuneration arrangements where employees are regularly expected to be available outside their ordinary hours.
• Exercise caution before disciplinary action where an employee has refused to respond to after-hours communication.

Finding the right balance

The Right to Disconnect does not mean businesses must stop communicating with employees outside ordinary working hours. Instead, employers should focus on establishing reasonable boundaries and ensuring expectations reflect the employee’s role, responsibilities, remuneration and the circumstances of the contact.

This first decision provides useful guidance, but the law will continue to develop as further disputes are considered. For employers, now is a good time to review workplace practices and ensure managers understand that sending an after-hours message and expecting an immediate response are not necessarily the same thing.

Need additional support navigating the Right to Disconnect?

Business Chamber Queensland’s Workplace Relations team can assist employers to understand their obligations under the Fair Work Act, review workplace policies and employment arrangements, and manage Right to Disconnect issues as they arise.

Contact Business Chamber Queensland for practical workplace relations support tailored to your business.