Right to Disconnect Law 2026: Can My Boss Contact Me After Hours?
Australia's right to disconnect law now covers ALL employers from Feb 2026. You can refuse unreasonable after-hours contact. See what counts as unreasonable and how to enforce it.
Right to disconnect: what changed in 2026?
The right to disconnect took effect for large employers (15+ employees) on 26 August 2024 and was extended to all employers including small businesses from 26 August 2025. This means every Australian employee now has the legal right to refuse to monitor, read, or respond to contact from their employer (or a third party like a client) outside of their working hours, unless the refusal is unreasonable. The law was introduced as part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. It does not prohibit employers from sending messages — it protects employees from being required to respond. This is a significant shift for Australian workplace culture, where after-hours contact had become normalised in many industries.
What counts as unreasonable contact?
The Fair Work Act does not define a rigid list of what is reasonable or unreasonable. Instead, it sets out factors to consider: the reason for the contact and its urgency, how the contact is made and how disruptive it is, whether the employee is compensated (e.g., on-call allowance), the employee's role and level of responsibility, and the employee's personal circumstances including family or caring responsibilities. For example, a text asking a retail worker to cover a shift tomorrow at 11pm is more likely unreasonable, while a call to a senior manager about a genuine workplace emergency at 8pm may be reasonable. Routine emails that do not require an immediate response are generally fine to send — the employee simply does not need to respond until their next working day.
How to enforce your right to disconnect
If you believe your employer is unreasonably contacting you outside hours, the recommended process is: first, raise it directly with your employer or manager — many cases are resolved informally. If the issue persists, you can apply to the Fair Work Commission for a 'stop order' under section 333M of the Fair Work Act. The FWC will assess the circumstances and may order the employer to stop the unreasonable contact. Penalties for breaching a stop order can be up to $19,800 for an individual or $99,000 for a body corporate per contravention. You cannot be disciplined, demoted, or dismissed for exercising your right to disconnect — this would likely constitute adverse action under the general protections provisions and could result in a separate claim.
Common misconceptions about the right to disconnect
The right to disconnect does NOT mean your employer cannot contact you at all outside hours — it means you can refuse to respond if the contact is unreasonable. It does NOT apply to genuine emergencies or situations where you are being paid to be on-call. It does NOT prevent your employer from sending you a roster for the next week or an email that does not require an immediate response. It does NOT mean you can ignore all messages and claim the right to disconnect — reasonableness is assessed case by case. And it does NOT override specific on-call or availability clauses in your award or enterprise agreement, though those clauses must themselves be reasonable. The law is about protecting rest time, not creating an absolute communication blackout.
Try these free tools
Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Related articles
The Right to Disconnect is now law. Learn what happens if your boss contacts you after hours, what counts as 'unreasonable,' the 8 factors the FWC considers, and real-world scenarios explained.
Right to Disconnect: 6 Months On — What's Changed in Australian WorkplacesThe right to disconnect laws have been in effect for 6 months. Here's how they're working in practice, key cases, employer compliance, and what employees need to know about their rights.
Right to Disconnect Australia — Can I Ignore My Boss After Hours? (2026 Law)Australia's right to disconnect law started 26 August 2024. Know when you can legally ignore your boss outside work hours, who it applies to, and what counts as an unreasonable refusal.
Enterprise Agreement vs Award — What's the Difference?Enterprise agreements and Modern Awards both set workplace conditions, but they work differently. Learn the BOOT test, how EAs are made, zombie agreements, and how to check which applies to you.