What is the right to disconnect?
The right to disconnect allows employees to refuse work-related contact outside their working hours unless the refusal is unreasonable.
The right to disconnect is a workplace right introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. From 26 August 2024 (26 August 2025 for small businesses), employees can refuse to monitor, read, or respond to contact from their employer or a third party outside of their working hours, unless that refusal is unreasonable.
Whether a refusal is unreasonable depends on factors including the reason for the contact, how disruptive it is, the employee's role and level of responsibility, whether they are compensated for being available, and their personal circumstances. Disputes can be taken to the Fair Work Commission for resolution.
Key facts
- •In effect from 26 August 2024 for non-small businesses; 26 August 2025 for small businesses
- •Employees can refuse to monitor, read, or respond to employer contact outside working hours
- •Refusal must not be unreasonable — context matters
- •Applies to contact from the employer and third parties related to work
- •Disputes are resolved by the Fair Work Commission, which can issue orders
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Employment CheckFrequently asked questions
Can I ignore all work calls after hours?
You can refuse to respond if the refusal is not unreasonable. Factors include the nature of your role, whether you're compensated for being available (e.g., on-call allowance), and whether the contact is genuinely urgent. A doctor on-call, for example, would likely have an unreasonable refusal.
What can I do if my employer penalises me for not responding after hours?
This could constitute adverse action. You can raise the issue with your employer, contact the Fair Work Ombudsman, or apply to the Fair Work Commission to deal with the dispute.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.