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Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.

On 2 December last year, machinery supplier Emmetts was directed to file materials relating to an employee's claim by 19 December, ahead of a 7 January 2025 hearing.

On 16 December, it sought to vary the directions so it could file its materials by 24 January, also asking for the hearing to be relisted after 17 February.

The employer said it would need to prepare six witness statements, and that it would be unable to call certain witnesses on the scheduled hearing date. It was currently in its peak business period, it argued, and the witnesses were busy, then would soon be on leave...