Can an employee ignore all out-of-hours calls and messages?

The right is to 'reasonably refuse' out-of-hours contact - not an absolute right to ignore all contact. Reasonableness depends on the employee's role, whether the contact relates to a genuine emergency, and any compensation arrangements.

What happens if an employer disciplines an employee for not responding out of hours?

An employee can apply to the Fair Work Commission for a stop order or remedy if they believe they have been disadvantaged for exercising their right to disconnect. This is treated as a general protections dispute.

Does the right to disconnect apply to salary employees?

Yes - the right applies to all employees under the Fair Work Act, regardless of whether they are hourly, salaried, part-time, or casual. It does not apply to independent contractors.

26 Aug 2025 (small biz)

Right to Disconnect - small business commencement

Employees may refuse unreasonable contact from their employer outside working hours. Commenced 26 August 2024 for non-small business; 26 August 2025 for businesses under 15 employees. 2026: FWC dispute pathway is now established.

What this means for your business

Australia's right to disconnect laws give employees the right to refuse to monitor, read, or respond to employer contact outside of ordinary working hours, where that refusal is reasonable. The right applies to all national system employers - it commenced for large businesses on 26 August 2024, and extended to small businesses (under 15 employees) on 26 August 2025.

The right is not an absolute prohibition on out-of-hours contact. Employers can still contact employees outside hours, and employees can still choose to respond. The right means employees cannot be sanctioned or disciplined for reasonably refusing to engage. 'Reasonableness' depends on the employee's role, how contact is made, the reason for contact, and any compensation arrangements.

Employers should review out-of-hours contact practices and ensure managers understand that disciplining an employee for not answering calls or emails outside hours could constitute an adverse action claim.

What your business needs to do

Review any policies that require employees to be contactable outside ordinary working hours - update these to reflect the right to disconnect.
Brief managers that employees cannot be disciplined for reasonably refusing out-of-hours contact.
Consider whether any employee roles have genuine after-hours requirements and whether those are properly compensated (e.g. on-call allowances).
If your business requires emergency after-hours contact, document the specific circumstances and ensure affected employees are compensated appropriately.

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Written by Tim Jones, Founder & Principal Consultant, Nifty Computing

Published 2 May 2026 · Last reviewed 5 May 2026

Applies to: Australia (all states and territories)

Sources: Fair Work Act 2009 (Cth), Fair Work Commission

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