How it works — “unreasonable refusal” factors
The Fair Work Act provides that an employee may refuse out‑of‑hours contact unless the refusal is unreasonable. Factors include (non‑exhaustive):
- Reason for the contact or attempted contact;
- How the contact is made and the level of disruption it causes;
- The extent to which the employee is compensated (including non‑monetary) to remain available or for additional hours generally;
- The nature of the employee’s role and level of responsibility;
- The employee’s personal circumstances, including family or caring responsibilities.