As part of our Innangard Cross-Border Employment Law Guide 2026, Kirryn West James (Director), Chris Oliver (Director), and Veronica Lee (Senior Associate) from People + Culture Strategies examine the right to disconnect and gig worker protections, a key topic in Australia right now.
Implications for employers
- Employers can no longer expect employees to respond to messages or emails outside normal working hours unless it is reasonable to do so.
- Communication practices, especially after hours, now need to be considered in light of the right to disconnect with employers, managers and employees being aware of their obligations.
- Businesses using gig workers face new exposure to claims for minimum terms and conditions, unfair contract terms and unfair deactivation.
Practical solutions
- Implement and communicate a clear Right to Disconnect policy setting expectations and providing guidance for managers and employees.
- Train managers on when after-hours contact is reasonable and how to manage urgent business needs consistent with the right to disconnect.
- Review and update gig worker arrangements to ensure compliance with the new rights and to reduce litigation risk.
See below a short PDF for key implications and practical solutions. Download the complete Cross-Border Employment Law Guide 2026.
The PDF-Report can be viewed here.
