In 2025, Australia made a bold move to tackle work-life balance—introducing new “Right to Disconnect” laws that are already shifting the way businesses operate. But what does that actually mean for you as an employer?
If your business relies on after-hours emails, late-night Slack messages, or the occasional weekend text, now’s the time to rethink how your team communicates. Because while staying connected is important—burnout, stress leave, and legal non-compliance are not worth the risk.
Here’s what you need to know about the new laws, what they mean in practice, and how to adjust your policies (and culture) to stay compliant while supporting your team.
What Is the Right to Disconnect Law?
As of 2025, the Australian Government amended the Fair Work Act to include a new “Right to Disconnect”, giving employees the legal right to ignore work-related communications outside of standard work hours without penalty.
This law recognises that the blurred lines between work and personal life—especially in remote, hybrid, or always-online workplaces—have created serious mental health and productivity challenges.
It’s about protecting employees’ time off—and holding employers accountable for respecting those boundaries.
Why It Matters: The Link Between After-Hours Contact and Mental Health
While staying connected may seem like a productivity booster, it often does more harm than good. Psychological injuries, including stress and burnout, are among the fastest-growing categories of workplace claims in Australia. In New South Wales alone, psychological injury claims have risen by 30% in recent years—nearly triple the rate of physical injury claims.
These issues are often linked to:
High job demands
Lack of managerial support
Bullying or harassment
Extended work hours with poor boundaries
The broader economic impact is just as concerning. The Australian Government estimates workplace mental ill-health costs businesses up to $39 billion annually through lost productivity, absenteeism, and reduced participation.
By enforcing the Right to Disconnect, employers have a valuable opportunity to reduce these risks, protect staff wellbeing, and safeguard their bottom line.
What Employers Are Now Required To Do
Under the law, all Australian businesses must:
Respect employees' right to ignore work-related calls, texts, emails, or messages outside of rostered work hours.
Avoid disciplining or disadvantaging employees for not responding after-hours.
Have clear communication policies that set expectations for when and how work-related contact happens.
If a dispute arises, employees can raise it internally—or escalate to the Fair Work Commission, which now has the power to issue orders and resolve complaints about unreasonable contact.
Reasonable vs Unreasonable Contact: What's the Difference?
Not all after-hours contact is illegal—but it must be reasonable.
What’s considered reasonable?
Contact during agreed-on overtime or on-call hours
Emergencies or time-critical situations
Management roles where availability is part of the job
What’s not reasonable?
A manager calling a team member on their day off about a routine task
Expecting replies to Slack messages at 10PM
Penalising an employee for not answering an email after hours
Context matters. Industry norms, job level, employee agreement, and urgency will all be considered if there’s a complaint.
How to Prepare Your Workplace (and Avoid Risk)
If you haven’t already reviewed your communication practices, now’s the time. Here’s how to stay ahead:
1. Update Your Policies
Make sure your HR handbook, employment contracts, and internal policies clearly outline expectations around after-hours communication.
Tip: Include a section about “Right to Disconnect” and when after-hours contact may be acceptable.
2. Train Managers
Leaders often set the tone. Equip them with the right language and tools to manage urgent tasks without crossing boundaries.
Encourage managers to schedule emails or use delayed send features to respect employees' time off.
3. Lead by Example
Culture starts at the top. If leadership is messaging after-hours or expecting instant replies, the team will follow suit—even if it’s unspoken.
Make it okay to not reply immediately. Say it out loud. Reinforce it.
4. Create Communication Protocols
Establish when and how different types of communication should happen:
Urgent: phone call
Important but non-urgent: email or Slack (during work hours)
FYI-only: scheduled weekly updates or shared docs
What This Means for Remote & Hybrid Teams
Remote teams are especially vulnerable to blurred boundaries. With home and work under one roof, switching off becomes harder. That's why remote employers must take extra steps:
Use digital wellbeing tools (like “Do Not Disturb” settings, app restrictions, or automated away messages).
Regularly check in on workloads and signs of burnout.
Avoid creeping expectations—just because someone can be online, doesn’t mean they should be.
Final Thoughts: This Isn’t About Less Work—It’s About Smarter Work
The Right to Disconnect law isn’t about doing less. It’s about creating sustainable, respectful workplaces where people can rest, reset, and return engaged.
Respecting boundaries:
Reduces stress
Improves retention
Boosts productivity during working hours
It’s not just a legal requirement—it’s a strategic move for a healthier, higher-performing business.
Need Help Adjusting Your Policies or Training Leaders?
At Workplace Wisdom, we help businesses across Australia navigate employment law changes with practical, people-focused solutions.
Whether you need help updating your HR policies, training your leadership team, or managing culture change—we’re here to support you.
Reach out for a confidential chat today.
Email: [email protected]
Phone: Jesse – 0419 179 430
