The idea that an employee must follow their employer’s instructions isn’t new. It has been part of Australian workplace law for nearly a century, tracing back to English common law and early Australian cases.
In R v Darling Island Stevedoring & Lighterage Co Ltd; Ex parte Halliday (1938) 60 CLR 601, the High Court confirmed that employees are bound to obey ‘lawful and reasonable’ orders in relation to their work. This principle is to be regarded as an implied term of every employment contract.
The reasoning was simple: by agreeing to work for another, an employee accepts that the employer is entitled to give directions about how that work is to be performed. However, the duty is not unlimited. Employees are only bound to follow directions that are both lawful (not requiring them to break the law or their contract) and reasonable (sensible and proportionate in the circumstances).
From the factories and wharves of the 1930s through to today’s hybrid workplaces, this principle has remained a cornerstone of Australian workplace relations. It was prevalent throughout the COVID-19 pandemic with mask mandates, remote work, and vaccination policies and it continues to be challenged today in disputes over drug testing, relocation, rostering, and even social media conduct. With this in mind, let us explore the question: ‘when can an employer give a direction, and when must a worker follow it?’.
What are ‘lawful and reasonable directions’?
For a direction to be enforceable, it must be:
- Lawful: A direction must not require the employee to break the law, breach workplace health and safety obligations, or go beyond the terms of their contract.
- Reasonable: The direction is sensible and proportionate in the circumstances, taking into account the nature of the job, the workplace environment, and the employee’s position.
Examples of lawful and reasonable directions include:
- Requiring an employee to attend a medical assessment where there are legitimate concerns about fitness for duty.
- Requiring an employee to complete workplace health and safety surveys, such as COVID-19 travel questionnaires aimed at ensuring health and safety during the pandemic.
Examples of unlawful directions include:
- Insisting on biometric data collection where privacy legislation is breached.
- Requiring an employee to dispose of hazardous waste illegally.
- Requiring an employee to work outside their visa conditions.
What makes a direction ‘reasonable’?
Reasonableness depends on the context. The test considers the nature of the work, the terms of the contract, workplace practices, and the circumstances of the employee. A direction may be reasonable even if it is inconvenient or unpopular, provided it has a sufficient connection to the employee’s role. Conversely, a direction that intrudes unnecessarily into an employee’s private life, or that has no meaningful link to the work, will not be considered reasonable.
Relevant considerations include:
- Connection to work: Is the instruction genuinely related to the employee’s role or to workplace health and safety?
- Proportionality: Is the direction proportionate to the risk or business need?
- Impact on the employee: Does the instruction impose undue hardship, for example by disregarding caring responsibilities or privacy rights?
Examples of unreasonable directions include:
- Requiring an employee to relocate without consultation and with no consideration for the employee’s family commitments and consultation.
- Requiring an employee to work regular overtime without compensation.
Still not sure if the directions you have received or given are lawful and reasonable? Call us on (02) 9199 8597 or email us and seek legal advice before acting.
Consequences of refusal
Under the Fair Work Regulations, refusing a lawful and reasonable direction may constitute serious misconduct. This can justify disciplinary action or summary dismissal.
However, if the direction is unlawful or unreasonable, an employee is entitled to refuse. In such cases, adverse action by the employer may give rise to claims for:
- Unfair dismissal (if terminated),
- General protections (if penalised for exercising a workplace right), or
- Work health and safety protections (if refusal relates to unsafe work).
How should employees respond to a direction?
If you are uncomfortable with an employer’s direction you may wish to:
- Clarify the instruction: Request the direction in writing, especially if it is contentious.
- Consider the context: Ask whether the instruction relates to your work, your safety, or the safety of others.
- Raise concerns appropriately: Express concerns in a timely manner to your manager, HR, or a health and safety representative, and record your objection factually.
- Seek advice before refusing: Unless the instruction clearly breaches the law or poses a safety risk, obtain advice from your union, the Fair Work Ombudsman, or a lawyer before refusing.
- Exercise rights lawfully: If refusal is justified, ensure your response is measured and documented
How we can help
At JFM Law, we advise employees facing difficult workplace situations, including:
- Assessing whether a direction is lawful and reasonable in your circumstances.
- Helping you raise concerns with your employer constructively and in writing.
- Representing you if refusal leads to disciplinary action or dismissal.
The obligation to follow lawful and reasonable directions is one of the oldest and most enduring features of Australian workplace law. While each case turns on its facts, refusing such a direction carries real risk. If in doubt, call us on (02) 9199 8597 or email us and seek legal advice before acting.
The information contained in this post is current at the date of editing – 13 January 2026.
