Right to Disconnect Laws: Can Electrical Contractors Call Employees After Hours?

The introduction of Australia’s Right to Disconnect laws has raised plenty of questions for business owners – particularly in trade industries where after-hours communication is common.

For electrical contractors, one of the biggest questions is whether employers are still legally allowed to contact employees outside standard working hours to discuss scheduling, jobs or operational issues.

According to Sean Melbourne of FourFold Legal, the answer is yes.

What are the Right to Disconnect laws?

The Right to Disconnect laws give employees the right to refuse to monitor, read or respond to contact from their employer outside their ordinary working hours.

Importantly, the laws do not prevent employers from contacting employees after hours.

Sean says: “There’s nothing in the Right to Disconnect laws that prevents an employer from contacting their employees out of hours.”

Key takeaways for electrical contractors

• Employers can still contact employees after hours.
• Employees have the right to refuse contact if the refusal is not unreasonable.
• Whether a refusal is reasonable depends on several workplace factors.
• Employers cannot take adverse action against employees for reasonably refusing contact.
• Employees can apply to the Fair Work Commission in some situations.

When can employees refuse after-hours contact?

The laws allow employees to refuse after-hours contact where the refusal is not unreasonable.

Sean says:

“All the laws do is give employees a right to refuse to monitor, read or respond to contact from their employer outside of their working hours.

“But their refusal can’t be unreasonable.”

What factors determine whether a refusal is unreasonable?

Whether a refusal is unreasonable depends on several factors, including:

• the reason for the contact
• how the contact is made
• the level of disruption caused
• whether the employee is compensated for availability
• whether the employee is compensated for additional hours worked
• the nature of the employee’s role
• the employee’s level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities

These factors are considered on a case-by-case basis.

Can employers take action if employees ignore calls?

If an employee refuses after-hours contact and that refusal is not unreasonable, employers cannot take adverse action against them.

Sean says: “If an employee refuses contact – and their refusal is not unreasonable – you can’t take adverse action against them, such as terminating their employment.”

Can employees stop employers from contacting them?

Employees also have the option of applying to the Fair Work Commission for an order preventing unreasonable contact.

However, Sean says this has not become common practice.

“Also, if they really want to, they can get an order from the Fair Work Commission preventing you from contacting them. But no employees have done this since the laws were introduced.”

What does this mean for electrical contractors?

For many electrical businesses, after-hours communication is often part of day-to-day operations – particularly when scheduling jobs, coordinating crews or managing urgent operational changes.

Sean says the laws do not stop that communication from occurring.

“So the bottom line is that you can contact your employees all you like after 5pm, but they can choose to ignore your contact if it’s not unreasonable for them to do so.

“If it’s not unreasonable, you can’t take action against them because they’ve ignored your calls.”

Frequently asked questions about Right to Disconnect laws

Can electrical contractors contact employees after hours?

Yes. Employers are still legally allowed to contact employees outside ordinary working hours.

Do employees have to answer after-hours calls?

Not necessarily. Employees may refuse contact if their refusal is not unreasonable.

What makes a refusal unreasonable?

This depends on factors such as the reason for contact, employee responsibilities, compensation arrangements and personal circumstances.

Can employers discipline employees for ignoring calls?

Not if the employee’s refusal was not unreasonable.

Can employees apply to the Fair Work Commission?

Yes. Employees may seek an order preventing unreasonable contact in some situations.

What electrical contractors should remember

The Right to Disconnect laws do not ban after-hours communication between employers and employees.

For electrical contractors, the key issue is whether after-hours contact – and any refusal to respond – is reasonable in the circumstances.

Understanding those obligations can help businesses manage communication expectations while reducing the risk of workplace disputes.

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