As part of the Australian Government’s recently enacted Closing Loopholes legislation, the Right to Disconnect has finally come into effect. In layman's terms, the Right to Disconnect allows employees to refuse to respond to their employers outside of their contracted working hours. Despite many businesses having their own version of the Right to Disconnect already in place, those who don’t are being hindered by the vague explanation and terminology released by the Australian government. As a result of this ambiguity, many are struggling to align their business processes with the new guardrails. 

With penalties in place to crack down on hesitant adopters, inadequately prepared businesses will be issued with fines of around $20,000 per complaint if they are found to be non-compliant. But more than the financial fallout, the reputational damage caused by actively deprioritising staff wellbeing could have a detrimental impact on both hiring and retention.

Let’s explore some of the key strategies to help late adopters master the Right to Disconnect with ease.

Creating a culture of communication

The Right to Disconnect requires a strong foundation of transparent communication throughout the organisation. Communication trailblazers like Atlassian reveal what is possible with its Team Anywhere policy, empowering staff to communicate asynchronously to suit flexible working. Many companies have adopted the same approach to communication, understanding that while there is value in real-time interactions, it is not always necessary. 

‘How’ the business cohort communicates is as important as ‘where’. Setting clear guidelines for how employees and employers communicate is essential for communicating efficiently. Implementing straightforward messaging protocols for different scenarios can significantly enhance clarity. For example, introducing a simple end-of-day update format can ensure everyone is on the same page as the workday winds down.

Leading by example

Employees are eager to embrace the anticipated wellbeing benefits of the new guardrails. However, any new initiative comes with its challenges as employees may feel uncertain about their rights and how the Right to Disconnect will apply in practice. This means business leaders need to take the lead. A productive starting point would be to hold an organisation-wide meeting to discuss the changes and clarify what the Right to Disconnect means for employees. 

Leaders can lead by example to reinforce the importance of stepping away from work. They can do this by not offering to be on the clock on holiday, and scheduling messages or emails to be sent within working hours. 

Garnering trust

The Right to Disconnect may at first alter how employees engage with their work, potentially leading to delays in communication with superiors. According to PwC’s 2024 Trust Survey, while 86% of business leaders express high trust in their employees, only 60% of employees feel the same way. This presents an opportunity for leaders to acknowledge and celebrate those who maintain high productivity. Recognising such behaviours can reinforce positive actions and encourage others to follow suit, thereby fostering trust. 

Creating a culture of inclusivity and community can strengthen relationships across all levels of the organisation, ultimately driving retention and productivity. Employee engagement programs like Reward Gateway’s SmartHub use technology to foster trust and appreciation by enabling employees to feel more connected to the organisation’s mission, purpose and values, facilitating recognition and building digital communities where employees can connect based on shared interests. This encourages both collaboration and balance between work and wellbeing. By empowering managers with tools to prioritise employee wellbeing and enabling open, two-way communication, organisations can foster a culture of appreciation. This is essential in improving engagement, as highlighted in the Engagement Paradox Report which revealed nearly half (47%) of Aussie employees are not engaged at work due to a lack of appreciation. 

While the Right to Disconnect promises immense wellbeing positives to Australian workers, many businesses have felt confused by how to enact the new legislation. The good news is, it’s not too late to read up and put the policy into practice. By using this legislation to draw a line in the sand under outdated communication practices, leaders can choose to set an example for their workforce and cultivate an environment of trust at work where staff can thrive.