'Right to disconnect' laws could be tested in Queensland case
Share this @internewscast.com
The case of a Queensland teacher suing her former employer for alleged wrongful dismissal has been suggested to act as an unofficial test of the federal government’s “right to disconnect” laws—though one expert has cautioned that this might not be accurate.

The teacher has reportedly claimed she was dismissed after she refused to respond to allegations of inappropriate conduct during school holidays.

The Australian Financial Review reported that the school insisted she respond, which she declined, leading the school to determine that the behavior claims were substantiated.

Right to disconnect laws were passed in Australia last year. (Getty)

The teacher has also reportedly claimed she was targeted by the school because she had raised issues around child safety.

In her claim in part, the teacher reportedly accused the school of breaching her right to disconnect.

The legislation, enacted by the Albanese government last year, provides employees the right to refuse to engage with contact or attempted contact from employers or a third party, except where it is deemed unreasonable to do so, such as in a work-related emergency.

Workers also can’t be disciplined or fired for refusing contact outside of work hours.

The five qualifications in hot demand for Australia’s future jobs

Employers can be fined up to $18,000 for violating the regulations.

RMIT University School of Law Professor Shelley Marshall said the Queensland case could raise the profile of the law, but was unlikely to provide a definitive interpretation of its legal limits.

“While the right to disconnect is a high-profile and novel element of this case, it’s important to recognise that it’s only one aspect of the teacher’s broader legal claim.,” she said.

“However, applying the law in practice is complex. In industries with genuine operational needs outside regular hours, such as education or emergency services, the line between necessary communication and unlawful overreach is far from clear.

“The proceedings appear to involve multiple alleged breaches, including unfair dismissal and general protections under the Fair Work Act.”

She said, the outcome could hinge less on the right to disconnect itself and more on whether the dismissal was unlawful for other reasons, “such as procedural unfairness or retaliation for exercising a workplace right”.

What are the right to disconnect laws in Australia?

Employees have the right to refuse to monitor, read or respond to contact or attempted contact from employers or a third party, unless that refusal is unreasonable, like in the case of a work-related emergency.

Employees also can’t be disciplined or let go for refusing contact outside of work hours.

If an employee feels these rights have been violated they should raise it first with their employer, then with the Fair Work Commission if internal mediation doesn’t work. Employers found to be in violation of the new laws can be fined up to $18,000.

What are the exceptions to the right to disconnect?

While employees can refuse contact from employers where reasonable, what counts as reasonable is up to interpretation.

Several factors must be taken into consideration when deciding what is reasonable, including but not limited to:

  • The reason for the contact
  • How the contact is made and how disruptive it is to the employee
  • If the employee is compensated for working outside normal work hours
  • The employee’s role and level of responsibility
  • The employee’s personal circumstances, including family and caring responsibilities

Aussies with a reasonable additional hours clause already in their employment contract may not be able to invoke the new protections.

These clauses are common in white collar jobs and allow employers to direct their employees to work overtime without additional pay, and could be used to “override” right to disconnect rules.

Share this @internewscast.com
You May Also Like

When Does Daylight Saving Time Start in Australia and How to Adjust Your Clocks

On Sunday, many Australians will lose an hour of sleep as daylight…
Fashion magazine Elle UK has issued an apology after being slammed for cropping Blackpink star Rosé, 28, out of a group photo

Elle UK Apologizes for Omitting Blackpink’s Rosé from Paris Fashion Week Photo Following Fan Backlash

Fashion magazine Elle UK has issued an apology after being slammed for…
BRISBANE, AUSTRALIA - JUNE 21: during game two of the State of Origin series between the Queensland Maroons and the New South Wales Blues at Suncorp Stadium on June 21, 2023 in Brisbane, Australia. (Photo by Chris Hyde/Getty Images)

How Brisbane Might Become Australia’s Next Sports Hub

For decades, Melbourne has been the centre of sport in Australia. Melbourne…
An embattled former Queensland mayor is facing accusations he exaggerated his medical history during his campaign. Troy Thompson was suspended from the high-ranking position last November during an investigation by Queensland's Crime and Corruption Commission (CCC).

Disgraced ex-mayor accused of inflating his health records

An embattled former Queensland mayor is facing accusations he exaggerated his medical…

Israel Announces Detention of Over 400 from Gaza Relief Flotilla, Plans Deportations

Israeli Prime Minister Benjamin Netanyahu has praised Israeli naval forces for intercepting…
Levi had just turned 16 and gotten his learner driver's licence.

Devastated Mother Urges Vaccine Funding Following Sudden Death of Teen

A heartbroken mother is urging for the meningococcal B vaccine to be…
Federal government working to determine Australian flotilla activists detained by Israel

Australian Activists Detained by Israel: Federal Government Investigates

The Department of Foreign Affairs and Trade announced today that its representatives…

All You Need to Know About the 2025 NRL and NRLW Grand Finals

It’s set to be a big weekend for rugby league fans, with…

Fresh Development in Controversial Pamphlet Case Aiming at Teal MP Allegra Spender

The Australian Electoral Commission (AEC) has launched legal action against a person…

Tragic Helicopter Crash in Sydney Leaves One Man Dead and Teenager Seriously Injured

The incident took place in Bankstown, located in Sydney’s south-west, around 1:30…
Cyclone Errol is forecast to make landfall on Good Friday.

Upcoming Tropical Cyclone Names in Australia Are Diverse and Unique

A punk rock icon and a fermented Japanese rice have helped inspire…
Man to face court over 'misleading' federal election attack pamphlets

Man to Appear in Court for Allegedly Misleading Federal Election Attack Flyers

The Australian Electoral Commission is taking legal action against a man for…