The right to disconnect from work is set to be tested for the first time by an Aussie rail driver. The worker has invoked the new countrywide laws to stop his employer from calling him out of hours to confirm shifts for the next day.
The government’s right to disconnect law, which came into effect in August 2024, has not yet been tested directly. Previous cases have only touched on the law indirectly, such as in unlawful dismissal cases.
A Pacific National rail driver is now trying to seek orders against requirements that employees take daily robocalls during personal time to advise them of shifts.
Workers who missed the automated call and did not phone back would reportedly be regarded by Pacific National as absent without leave, with staff losing wages and risking losing their jobs, the Australian Financial Review reported.
Some workers have argued the company’s text messages and roster apps should be sufficient, saying the calls are unnecessary and intrusive.
The issue was reportedly raised in a recent workers meeting, which led Pacific National management to send out an email to staff insisting the calls were reasonable and staff were fairly compensated.
“While the right to disconnect is recognised, our enterprise agreement still requires next-turn-of-duty advice which is standard across the industry and ensures you have accurate sign-on and barracks details,” an email written by Pacific National regional operations manager Carla Ebers said.
“Your aggregate allowance already covers reasonable out-of-hours contact, including what would otherwise fall under an on-call allowance.”
