The new legal ability for workers to refuse to monitor or respond to work-related communications outside of ordinary hours is about to be tested by a Queensland primary school teacher who is suing her employer for unlawful dismissal. An RMIT expert explains the ramifications of this first public legal action.
Professor Shelley Marshall, School of Law
"This case may raise the profile of the new right to disconnect, but it's unlikely to provide a definitive interpretation of its legal limits just yet.
"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.
"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.
"The outcome may ultimately 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."
Shelley Marshall is Deputy Dean (Research and Innovation) at the School of Law at RMIT University. Her work spans business, human rights and labour law; with a special interest in the regulation of informal work and labour law in poor and middle-income country contexts.
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