Right to disconnect: pressure is not prevention, tribunal rules
A South Australian hairdressing salon owner who sent TikTok and Snapchat videos to an apprentice outside work hours did not breach the employee's right to disconnect, a tribunal has ruled.
The South Australian Employment Tribunal handed down the ruling on 19 August, one of two decisions published the same day against Tanika Mcguire, who operates Eco Hair Room at the Aldinga Shopping Centre.
Deputy President Lieschke found that Mcguire had "frequently" contacted the applicant outside of work hours by sending TikTok and Snapchat videos, mostly about her social life, with other messages concerning non-urgent work matters. When the apprentice did not respond, the tribunal heard, Mcguire "would be in a bad mood and would ignore her."
The apprentice also alleged she was required on one occasion to take the salon's mobile phone home over a long weekend to take messages, without pay. She declined to monitor it but agreed to look after it, and was not asked again.
Despite the conduct, the tribunal declined to find a breach of the right to disconnect, a protection introduced into the Hair and Beauty Industry Award 2020 in 2024 and extended to small businesses from 26 August 2025.
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