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ARTICLE · 18 MARCH 2024

The right to disconnect

Holman Webb
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Employers should proactively review employment agreements to consider if contact outside of working hours is necessary.

AustraliaEmployment and HR
Daniel Iminjan
Daniel Iminjan
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The recent passage of the Federal Government's Closing the Loopholes Bill (No. 2) introduced significant and controversial reforms, including an alternative casual conversion pathway, minimum standards for gig economy workers, and the so-called 'right to disconnect'.

What is the Right to Disconnect?

The right to disconnect empowers workers to refuse to monitor, read or respond to contact or attempted contact (contact) by their employer outside of working hours. It also allows workers to refuse contact from third parties (such as customers) outside of working hours, where that contact relates to their work.

Are there Exceptions?

A worker cannot unreasonably refuse contact, and in assessing what is reasonable, it will be necessary to consider:

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