Right to Disconnect: Can Your Employer Contact You After Hours?

What Is the Right to Disconnect?

From 26 August 2024, the Fair Work Act 2009 gives most employees the right to refuse to monitor, read, or respond to contact from an employer (or a third party on the employer's behalf) outside of their working hours, unless that refusal is unreasonable.

The right also applies to small business employees from 26 August 2025.

When Is Refusing Contact Unreasonable?

The Fair Work Act says that whether a refusal is unreasonable depends on the circumstances, including:

• The reason for the contact
• How disruptive the contact is to the employee's personal circumstances
• Whether the employee is compensated for being available or for the additional hours worked
• The employee's role and level of responsibility
• The nature of the employee's personal situation, including family or caring responsibilities

An employer cannot take adverse action against an employee for refusing contact in a way that is not unreasonable.

What Contact Is Covered?

The right covers contact (including attempted contact) from the employer or a third party: for example, a client calling at the employer's request. It covers all methods: phone, email, text message, and messaging apps.

Disputes About the Right to Disconnect

If there is a dispute about whether a refusal is unreasonable, either party may apply to the Fair Work Commission to deal with the dispute. The Commission can:

• Make orders to stop the employee refusing contact, or
• Make orders to stop the employer requiring contact or taking adverse action

Modern Awards and Agreements

Enterprise agreements and modern awards can include provisions about out-of-hours contact that are more generous than the statutory right. Check your award or agreement for any specific rules.

The Bottom Line

You cannot be required to be constantly available after hours without compensation. Refusing unreasonable out-of-hours contact is now a protected right under federal law.