Queensland Teacher Tests ‘Right to Disconnect’ Law in Unlawful Dismissal Case
In a landmark case, a Queensland primary school teacher is challenging her former employer, Cairns Hinterland Steiner School, seeking nearly $800,000 in damages for unlawful dismissal and pioneering the newly implemented ‘right to disconnect’ legislation. This law, which aims to protect workers from after-hours work-related communications, was introduced in August 2022 and is now facing its first significant legal test.
The teacher claims she was dismissed for failing to address allegations of inappropriate conduct sent to her during the school holidays, a period when she was not expected to work. Workplace lawyer Tim McDonald from McCabes Lawyers affirmed the growing awareness surrounding this law, noting an increased nervousness among employers regarding compliance and the implications of after-hours communications.
According to McDonald, while he doesn’t foresee a surge in similar lawsuits, both parties are more vigilant about rights concerning working hours. He stated, “People are a lot more conscious of the hours that employees work and there is concern generally about compliance issues,” highlighting that employers are cautious about potential pay claims for work undertaken outside regular hours.
The ‘right to disconnect’ law allows employees to ignore work-related contacts from their employer or any other party outside working hours, barring unreasonable refusals. Currently applicable to businesses with over 15 employees, it will extend to small businesses starting in August of this year. Employees can now seek orders to prevent employers from contacting them outside work hours and pursue adverse action claims, leading potentially to compensation.
Despite only two applications for right to disconnect orders being recorded since its inception, neither has progressed to a decision. The current case heightens the profile of this legislation as the teacher argues her dismissal was partly retaliatory for exercising her right to disconnect, amidst prior complaints she made about child safety at her workplace.
In her filed statement of claim in the Federal Court, the teacher argues that the school improperly demanded her response to misconduct allegations during her approved leave, which resulted in her claiming significant financial losses of around $730,000 due to her dismissal, along with another $50,000 for distress.
RMIT’s Professor of Law, Shelley Marshall, commented that while this case spotlights the right to disconnect, it represents just one facet of her broader claims. She cautioned that applying the right in practice could be complex, particularly in sectors with genuine operational needs beyond regular hours, like education. McDonald echoed this sentiment, stating that the complexities of defining what constitutes reasonable contact could make it challenging to claim substantial damages based on this law.
Overall, while the right to disconnect may not herald a wave of similar cases, its introduction has undoubtedly left an indelible mark on workplace dynamics in Australia. Employers are now more aware of claims around unreasonable working hours, an entitlement reinforced under the Fair Work Act.
As this case unfolds, it may provide vital insights into the practical application of the right to disconnect within Australian workplaces, shaping future interpretations and compliance with this significant law.
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