Right to Disconnect (Australia)
The right and its limits (s 333M) – Right to Disconnect (Australia)

Right to Disconnect (Australia) 333M-3: Assess reasonableness using the statutory factors before insisting on a response

Whether a refusal is unreasonable is judged on all the circumstances, and must take into account: the reason for the contact; how it is made and how disruptive it is; the extent to which the employee is compensated (including non-monetary compensation) to stay available or for working additional hours; the nature of the employee's role and level of responsibility; and the employee's personal circumstances, including family or caring responsibilities. Employers should identify roles and situations where out-of-hours contact can reasonably be expected, and whether the pay or allowances compensate for it.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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  • s333M s 333M Respect the employee right to disconnect outside working hours

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