Most employees now have a legal right to disconnect: the right to refuse to monitor, read or respond to contact from their employer, or from a third party about their work, outside their working hours, unless the refusal is unreasonable. It is in s 333M of the Fair Work Act 2009 (Cth).
The right has applied since 26 August 2024 for employees of businesses with 15 or more employees, and since 26 August 2025 for employees of small businesses. The Fair Work Ombudsman's page on the right to disconnect has examples.
What the Right Covers
The right covers contact or attempted contact of any kind, including calls, emails, texts and messaging apps, from:
- your employer, and
- third parties, such as clients, suppliers or colleagues from other businesses, if the contact relates to your work.
It does not stop your employer from contacting you. It protects your choice not to monitor, read or respond, unless refusing would be unreasonable.
When a Refusal Is Unreasonable
Whether a refusal is unreasonable depends on all the circumstances. The Act says these matters must be taken into account:
- the reason for the contact;
- how the contact is made and how disruptive it is to you;
- whether, and how much, you are paid to be available or to work extra hours outside your ordinary hours, including non-monetary compensation;
- the nature of your role and your level of responsibility; and
- your personal circumstances, including family or caring responsibilities.
A refusal is always unreasonable if the contact is required by law. For example, a manager in a senior, well-paid role who is expected to be reachable for genuine emergencies is in a different position from an employee rung repeatedly about routine matters on a day off.
Your Employer Must Not Punish You for Using It
The right to disconnect is a workplace right under the Act. That means your employer must not take adverse action against you, such as disciplining you, cutting your shifts or dismissing you, because you exercised it or proposed to. If that happens, you may have a general protections claim. If you are dismissed, the 21-day deadline applies.
Resolving a Disagreement
If you and your employer disagree about whether a refusal is reasonable:
- Talk first. The Act requires the parties to try to resolve the dispute at the workplace. You can have a support person or representative, such as a union.
- Apply to the Fair Work Commission if that does not work, using Form F92. The Commission can deal with the dispute and can make orders, for example to stop an employer from requiring contact or taking action against you, or to stop an employee unreasonably refusing contact. It cannot order money to be paid.
Your award or enterprise agreement may also include a right to disconnect term; an agreement term that is more favourable to you continues to apply.
WA State System Employees
The right to disconnect is part of the Fair Work Act, so it applies to national system employees. If you work in the WA state system (for example for a WA government agency, a WA local government, or a sole trader or partnership), this statutory right does not apply to you, although your WA award or agreement may deal with out-of-hours contact. See am I covered?.
For more detail, including the Fair Work Ombudsman's worked examples and how awards and agreements deal with the right, see our guide to the right to disconnect in the entitlements section.
How We Can Help
If after-hours contact has become a problem, or you have been treated badly for switching off, we can advise you on whether your refusal is reasonable, help you raise it with your employer, and act for you in the Fair Work Commission. Contact us for a free discussion.