Ever felt guilty ignoring a work email at night?
Yeah… you're not alone. These days, the line between “on the clock” and “off the clock” has blurred so much it’s basically vanished. Emails at 9pm, texts from the boss on a Sunday, Teams messages while you’re trying to cook dinner — it's relentless.
But here’s the kicker: you might not have to put up with it anymore. That’s where the Right to Disconnect comes in.
So what is it? And more importantly, how does it affect you, your job, and your sanity?
Let’s unpack it.
First things first — what is the right to disconnect?
The short version? It’s the idea that you have the legal right not to engage with work stuff when you're not working. No emails, no calls, no Slack pings, no guilt.
Now, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 has actually made this a real thing. As of 26 August 2024, many Aussie workers can now legally refuse to respond to unreasonable work contact after hours.
Yep, it’s no longer just a nice idea. It's a workplace right.
So... can you just ignore your boss now?
Well, not exactly. Here’s where it gets a bit nuanced.
You can refuse to respond to calls, messages, or emails outside your usual work hours — but only if it’s unreasonable for your boss to expect a reply.
What counts as unreasonable? That depends on stuff like:
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Your job title and duties
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The reason for the contact
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How often it happens
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Whether you're being paid to be on call
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Any workplace policies already in place
So, if you're a manager on a salary, and there's a genuine emergency? A call at 8pm might be fair game. But if it’s your day off and they’re asking about something minor? You’ve got solid ground to push back.
Who actually gets this right?
Not everyone. But most employees covered under the Fair Work Act do.
This includes:
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Full-time workers
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Part-timers
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Casuals (in many cases)
But it doesn’t automatically apply to contractors, high-income earners outside award coverage, or some public sector roles with their own frameworks.
There are also carve-outs for emergency services and essential work. So if you're a paramedic or firefighter, different rules may apply.
What happens if things go pear-shaped?
Say your boss keeps badgering you after hours. You politely say no. They start making your life difficult at work.
Can you do anything?
Yep. If informal chats don’t sort it out, you can now lodge a dispute with the Fair Work Commission.
They can:
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Mediate the issue
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Issue orders (like telling your boss to stop contacting you out of hours)
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Help get clear expectations set for both sides
Pro tip: Keep records. Texts, call logs, screenshots. If you need to escalate, that paper trail becomes gold.
Real-life example? Sure.
Picture this — a young marketing coordinator. Works 9 to 5, but her manager starts calling at 7pm every other night to “just go over tomorrow’s content.” No emergencies. No extra pay. Just habit.
Under the new right, she could politely decline. If her boss pushed back or made it an issue? Off to Fair Work she goes, backed by the law.
Why is this such a big deal now?
Honestly? Because burnout’s everywhere. And after COVID, the work-from-home wave, and the “always online” culture… something had to give.
People are craving boundaries again. The right to disconnect is part of that cultural reset.
Other countries have had similar laws for years — France, Ireland, Canada. Australia’s just catching up.
Can employers get around it?
Some will try.
You might start hearing things like:
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“We expect availability, but it’s just part of the culture.”
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“We’re a startup — flexible hours are key.”
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“We’ll make it part of your contract.”
But here’s the deal — employers can’t contract out of a legal right. If you're protected under the Fair Work Act, that right sticks. Regardless of whatever dodgy clause they chuck in the onboarding pack.
What should you do if you're unsure?
Start with a chat. Your boss might not even realise they’re overstepping. A good-faith conversation can go a long way.
If that doesn’t work?
Check your award, your contract, and whether your workplace has a Right to Disconnect policy. Many are introducing one voluntarily (some sectors are even ahead of the game — like Victoria’s education department).
Still stuck?
That’s when you might want to speak to an employment lawyer.
But hang on — doesn’t this create more tension at work?
Could do. This part's a bit tricky.
Some managers feel like they’re losing control. Some workers worry they’ll be punished for pushing back. It’s a cultural shift, not just a legal one.
Thing is, having clearer boundaries usually helps everyone in the long run. Less stress, fewer misunderstandings, better productivity during actual work hours.
It’s not about slacking off. It’s about working smarter, not longer.
A few myths that need busting
“If I ignore a message, I’ll be fired.”
Not legally, if the contact was unreasonable. That would be adverse action — and that’s a serious no-no under Fair Work.
“This doesn’t apply to casuals.”
Actually, it might — if you're regularly rostered and covered under an award.
“You have to be completely unavailable.”
Nope. You can still choose to engage. You’re just not obliged to.
FAQs – What people are actually asking
Can I switch off my work phone after hours?
Yes — unless you’re rostered on-call or there's a genuine reason you need to be reachable.
What if my boss says I’m not a “team player”?
That can be considered subtle retaliation. If it affects your job, you may have legal recourse.
Does this apply to the public sector?
Some departments, like Education Victoria, have their own policies. Others will vary — worth checking with HR.
Is the right to disconnect new in Queensland?
Yes and no. Some employers adopted it early, but now it’s officially backed by federal law as of August 2024.
Do I need a lawyer to deal with this?
Not always — but if it escalates or affects your job security, a qualified employment lawyer can absolutely help.
Feeling overwhelmed by all this?
Fair enough. It’s a big shift — and like any new right, it takes a while to filter down into the real world.
If you're unsure where you stand, or something doesn’t feel right, it’s worth getting advice. A proper employment lawyer can help you navigate the ins and outs without turning it into a drama.
Murdoch Lawyers have experience in workplace disputes, contracts, and employee rights — the kind of stuff where having someone who actually knows what they’re doing makes all the difference.
Legal Disclaimer
This article is general information only and not legal advice. Always consult a qualified professional for guidance tailored to your specific situation.
