Right to Disconnect — Employer Penalty Calculator
Quantify your business's exposure for right-to-disconnect breaches under Fair Work Act s 333M (in force 26 Aug 2024). Standard + serious contravention penalties calculated at 2026 indexed penalty units.
RIGHT TO DISCONNECT — EMPLOYER EXPOSURE
Fair Work Act s 333M (the "right to disconnect") is in force from 26 August 2024 for employers with 15+ employees, and from 26 August 2025 for small business. This calculator quantifies the employer's exposure for breaches — useful for HR teams sizing their policy gap.
Each separate after-hours contact contravention
Maximum penalty exposure
Per contravention
$109,200
300 penalty units
Total exposure (1 contraventions)
$109,200
Subject to FWC discretion + mitigation
Penalty unit = A$364 (from 1 July 2026). Standard contravention: 60 PU (individual) / 300 PU (body corporate). Serious contravention (s 557A): 10x = 600 / 3,000 PU.
What counts as a contravention?
An employer contravenes s 333N if they take adverse action against an employee for exercising their right to disconnect. The right itself (s 333M) is the employee's right to refuse to monitor, read or respond to contact from the employer outside of working hours, unless the refusal is unreasonable.
"Reasonable to ignore" factors include: the reason for the contact, how the contact is made (and the level of disruption), whether the employee is compensated for being available, the nature of the employee's role, the employee's personal circumstances (carer responsibilities, etc.).
For HR teams: compliance steps
- Update your right-to-disconnect policy (mandatory for employers 15+ since 26 Aug 2024).
- Manager training on when after-hours contact is "reasonable" vs "unreasonable".
- Document any compensation arrangements for on-call or expected after-hours availability.
- Build the disconnect right into role descriptions and performance reviews.
- Disputes go to the FWC for stop orders first; civil penalty proceedings can follow for serious or repeated contraventions.
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