The Right to Disconnect – New Protection for Employees – Leo Cussen Centre for Law

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The Right to Disconnect – New Protection for Employees

The Right to Disconnect – New Protection for Employees

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The right to disconnect is now a protected right in the Fair Work Act 2009 (Cth) and in all modern awards.

This new employment right intends for employees to better define the boundaries between work and personal time without the threat of disciplinary action from employers.

As this right now applies to a majority of employees, with small businesses granted an additional 12 months to prepare for this change, the implications on what constitutes ‘hours of work’ are significant.

This session will look closely at the right to disconnect and discuss:

  • In detail, what is meant by ‘the right to disconnect’?
  • How this right operates in conjunction with the limitation on ‘reasonable additional hours’ under the Fair Work Act
  • How the Courts have dealt with the issue of additional hours in recent case law, looking case of Australasian Meat Industry Employees Union v Dick Stone Pty Ltd
  • What are the exceptions to this new right and when is it unreasonable to ‘disconnect’?
  • When can an employer reasonably request the performance of work outside of the specified hours.
  • The right to disconnect in the context of working from home.

This session is essential for understanding the full extent of this new employment right and its effect on the dynamic of the employee-employer relationship.  


What is included:

Videos of the presentation in mp4 format.

Paper materials in pdf format.

* This Webcast does not allow WA practitioners to claim CPD points