TikTok ruling clarifies what the right to disconnect actually protects

Australia’s right to disconnect has received its first substantive legal test, providing early guidance on how far the new workplace protection extends. Two former hairdressing apprentices alleged their employer repeatedly contacted them outside work through TikTok, Snapchat and other messages, including non-urgent work matters. However, the South Australian Employment Tribunal found that although the conduct placed pressure on the workers and discouraged disconnection, it did not actually prevent them from exercising the right because they could ignore the contact without substantive consequences.

The decision clarifies that the legislation does not simply prohibit employers from contacting workers after hours. The right does not make after-hours contact unlawful, instead it gives employees the right to refuse to monitor, read or respond to contact outside working hours unless that refusal would be unreasonable. Relevant factors include the reason and urgency of the contact, the level of disruption, whether the employee is compensated for remaining available, their responsibilities and personal circumstances. The key legal distinction is therefore between sending a message and creating an enforceable expectation that it must be answered.

For employers, the ruling preserves considerable management flexibility while also indicating where future disputes may arise. The tribunal placed significant emphasis on the absence of any disciplinary or financial consequences when the employees refused to respond to the employer’s messages, suggesting a case involving reduced shifts, formal discipline or other disadvantage could produce a different outcome. The Fair Work Ombudsman consequently encourages employers and employees to establish clear expectations around after-hours communication. Therefore, rather than banning workplace contact, the emerging case law suggests the right principally protects workers from unreasonable expectations of constant availability.

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