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The Right to Disconnect

Members may be aware that the Right to Disconnect started from 26 August 2024.

The right to disconnect means that you can refuse to monitor, read, or respond to contact or attempted contact outside your working hours. This includes contact, or attempted contact, from your school, principal, colleague, parent, or student; provided the contact or attempted contact is work-related.

Your refusal to monitor read or respond needs to be reasonable.

Certain matters need to be considered when determining whether or not your refusal is unreasonable. These include:

  1. The reason for the contact or attempted contact.
  2. How the contact or attempted contact is made and the level of disruption it causes the employee.
  3. The nature of the employee’s role and their level of responsibility.
  4. The employee’s personal circumstances, including family or caring responsibilities.
  5. Whether the employee is compensated or paid extra for:
    1. remaining available to work when the contact or attempted contact is made, or
    2. working additional time outside of their ordinary hours of work.
    3. Other matters may also be considered.

If there is a dispute about an employee’s right to disconnect, members should raise it with their school in the first instance. If they can’t resolve the concern, they should contact their IEU Organiser.

The IEU will be negotiating additional rights and guidance as part of each school’s Enterprise Agreement. This will particularly affect teachers and when the right exists. However, for now, you should know that you can refuse to monitor, read, or respond to work related contact outside of your working hours.

If you have any questions, contact your IEU Organiser: 8410 0122 or enquiries@ieusa.org.au