Employees in the Fair Work system will soon have a new workplace right called the right to disconnect. This starts on 26 August 2024 for most employees, protecting them from unreasonable work contact outside of regular hours.
The right to disconnect protects employees who refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable.
This includes contact, or attempted contact, from:
their employer, or
another person, if the contact or attempted contact is work-related.
Certain matters need to be considered when determining whether or not an employee’s refusal is unreasonable. These include:
the reason for the contact or attempted contact
how the contact or attempted contact is made and the level of disruption it causes the employee
the nature of the employee’s role and their level of responsibility
the employee’s personal circumstances, including family or caring responsibilities
whether the employee is compensated or paid extra for:
If there is a dispute about an employee’s right to disconnect, employers and employees first need to try to resolve it themselves. If they can’t resolve the dispute at the workplace level, they can apply to us at the Fair Work Commission for help.
The Fair Work Commission (FWC) can intervene in disputes arising from the right to disconnect. The FWC may:
Order an employee to stop unreasonably refusing to monitor, read or respond to work-related contact, or
Order an employer to stop requiring an employee to monitor, read or respond to work-related contact or take disciplinary action against an employee for refusing such contact when it is reasonable.
Assist employers and employees in finding alternative dispute resolution methods.
Employees who believe they have been adversely affected by exercising their right to disconnect, such as dismissal or disciplinary action, may be eligible to file a general protections dispute with the FWC.
For more information on the right to disconnect and the FWC’s role, please visit website.
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