The quickest way to find out where you stand is a short call. Call 1800 UNFAIR (1800 863 247). The first call is free, and there is no obligation.
What the right to disconnect actually means
Australian employees now have a right to disconnect. In plain terms, you can refuse to monitor, read, or respond to contact from your employer, or from a third party where the contact relates to your work, outside your working hours, unless that refusal is unreasonable.
It does not mean your employer can never contact you after hours. It means you are allowed to not respond, and you cannot be punished for reasonably choosing not to.
When a refusal might be unreasonable
Whether your refusal is reasonable depends on the situation. Things that matter include the reason for the contact, how it's made and how much it disrupts you, whether you're paid or compensated to be available or to work extra hours, the nature of your role and level of responsibility, and your personal circumstances including any family or caring responsibilities. One firm rule: your refusal is not reasonable if the contact is required under a law.
A genuine emergency is different from a manager who expects instant replies at 10pm out of habit.
Where this crosses into dismissal
The right to disconnect matters for your job in two ways.
If a dispute about the right to disconnect cannot be sorted out at your workplace, it can be taken to the Fair Work Commission. you have to try to resolve it at the workplace first. If that fails, either you or your employer can apply to the Fair Work Commission, which can deal with the dispute and, if needed, make orders, including an order stopping your employer from taking action against you for a reasonable refusal.
More seriously, if you were dismissed connected to exercising this right, or punished in a way that pushed you towards resigning, that may be an unfair dismissal or it may be adverse action against you for exercising a workplace right. Both are things you can act on, and both have short deadlines.
The 21 day deadline
If you were dismissed, you generally have 21 days from the day the dismissal took effect to lodge a claim. That is a hard deadline and the Commission only extends it in exceptional circumstances.
If any of this sounds like your situation, do not wait to see if it blows over. The clock is already running.
Talk to someone who does this every day
Working out whether your refusal was reasonable, whether what happened counts as a dismissal, and which type of claim fits, is not something you should have to puzzle out alone while you are stressed about losing your income.
A short conversation will tell you where you stand faster than more reading.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.
We are paid agents, not lawyers. We represent employees at the Fair Work Commission and we will tell you honestly what your options are.