Disputes about the right to disconnect

A dispute might arise between an employer and their employee because:

• the employee has refused to monitor, read or respond to contact, or attempted contact, outside their working hours and:
  • the employer believes the disconnection unreasonable, or
  • the employer says the disconnection is unreasonable and the employee disagrees, or
• they have another disagreement about the right to disconnect.

You may be eligible to apply to us for help.

We can help resolve:

• disputes about the right to disconnect (that you haven’t been able to resolve at the workplace)
• general protections disputes that involve the right to disconnect.

Employers and employees can apply to us for help to resolve disputes about the right to disconnect.

Resolving disputes at the workplace

If you have a dispute with your employer or employee about the right to disconnect, the first step is to try to resolve it by having discussions at the workplace. For more information, see Resolve a dispute in your workplace.

You must try to resolve the dispute at the workplace before you apply to us.

You can ask us to:

• make a stop order
• deal with the dispute in other ways (for example by holding a conference to try to resolve the dispute), or
• do both of the above.

Stop orders

We can make orders to stop:

• an employee from continuing to unreasonably refuse to monitor, read or respond to contact or attempted contact, or
• an employer from:
  • continuing to require an employee to monitor, read or respond to contact, even though the employee refuses, or
  • taking action against an employee because they believe the employee’s refusal is unreasonable.

Dealing with the dispute in other ways

There are other ways we can deal with a dispute, as well as or instead of making an order.

We will try to resolve the dispute by holding a conference to see if we can resolve the case.

If the parties agree, a Commission Member can decide the outcome (arbitrate). If we arbitrate, we may make any order we think is appropriate.

The right to disconnect is a workplace right under the Fair Work Act 2009. 

An employer cannot take adverse action against an employee because of their rights at work, including the right to disconnect. 

Adverse action can include:

• being sacked or fired (dismissed)
• being demoted
• being overlooked for promotion.

If you are an employee and you believe your employer has taken adverse action against you because of your right to disconnect, you may be able to apply to us for help under the general protections laws. 

To find out more about general protections, see Disputes about general protections.

If you have a dispute about the right to disconnect, you can ask another person, or an industrial association, to support or represent you:

• to resolve the dispute at the workplace
• to apply to us for help
• while we deal with the dispute.

You will need permission if you want a lawyer or paid agent to represent you in a conference or hearing. For more information about legal help and representation, see Legal help and representation.

When you are part of a legal case it can be a stressful time. Help is available so you can look after your mental health and wellbeing.