Clubs SA members are advised that the right to disconnect came into force for employees at small businesses (those with less than 15 employees including regular and systematic casuals but not irregular casuals) on 26 August 2025.

For those not deemed to be a small business the right to disconnect came into effect for their employees from 26 August 2024.

As a reminder, the right to disconnect provides employees with the right to refuse to monitor, read or respond to contact, or attempted contact related to work that is outside of work hours unless doing so can be deemed unreasonable.

In determining whether contact or attempted contact is reasonable, the following type of factors can be taken into consideration:

the reason for the contact

• how the contact is made and how disruptive it is to the employee
• how much the employee is compensated or paid extra for:

– being available to perform work during the period they’re contacted, or

– working additional hours outside their ordinary hours of work

• the employee’s role in the business and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.

The above is not an exhaustive list, and other matters may also be considered where deemed relevant.

It is important to highlight that when the changes were originally introduced, there were several comments made emphasising that such things as contacting casuals about shifts was very likely to be reasonable action by an employer.

It will also be unreasonable for an employee to refuse to read, monitor or respond where the contact or attempted contact is required by law.

Clubs also need to be aware that the right to disconnect is now a right under general protection laws meaning if someone is dismissed or disciplined due to exercising a valid right to disconnect this can risk a general protections claim being made.

Where a dispute occurs, attempts first need to be taken to resolve it internally. If it can’t be resolved internally then the Fair Work Commission can be approached to help deal with the matter. The Commission can deal with the issue in a few ways such as making orders to stop an employee from refusing contact or to stop an employer from taking certain actions.