On 26 August 2024, Australia introduced new “Right to Disconnect” laws which, at the time, only applied to larger businesses with 15 or more staff. To read more about that Click Here.
As of 26 August 2025, Australia’s “Right to Disconnect” laws extended to covering small businesses with fewer than 15 employees. This means that starting from August 26, 2025, employees of small businesses can legally refuse to monitor, read, or respond to work-related contact (emails, calls, texts, or messages) outside of their agreed working hours—provided such refusal is not deemed reasonable under the law.
What counts as “unreasonable”?
Not all after-hours contact falls under this right. Whether a refusal is unreasonable will depend on multiple factors, including:
- The purpose or urgency of the contact (e.g., emergency vs. routine check-in)
- The employee’s role and level of responsibility
- Personal circumstances—like caring duties or health
- How disruptive the contact is (e.g., text vs. direct call)
- Any extra compensation provided for after-hours availability
What should smal businesses do?
Review & Update Policies
Revise employment contracts and staff handbooks to reflect the Right to Disconnect.
- Explicitly define what qualifies as reasonable or unreasonable contact, especially by role
Communicate Clearly
- Initiate discussions with employees on communication expectations and boundaries.
- Ensure everyone understands when after-hours contact may occur (e.g., emergencies, on-call rotation).
Document Agreements
- Formalize the understandings in writing—via meeting minutes, emails, or digital signatures—to mitigate future disputes
Train Leadership
- Equip managers with guidance on how to handle after-hours requests and respect boundaries without compromising operations
Monitor & Review
- Keep an eye on any issues or conflicts arising. Regularly revisit and adjust your policies and practices as needed
How can FC Lawyers help?
At FC Lawyers, our experienced business and corporate team can assist with advising on, drafting contracts and/or policies, and litigating matters concerning employment and other related matters.
Contact our team today to discuss your legal needs.
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