Business Toolbox

Australia’s recently enacted right to disconnect legislation has garnered significant attention, and rightfully so. While the primary focus has been on industrial relations, it is crucial for employers to acknowledge the broader implications of this new law, particularly in the context of workplace health and safety (WHS). 

The right to disconnect

The right to disconnect legislation empowers employees to assert their right to refrain from monitoring, reading, or responding to work communications outside their regular working hours, provided that such actions would be deemed unreasonable. 

Determining reasonableness

The concept of “reasonableness” is contextual and may encompass various factors, such as emergencies, contractual obligations, or senior leadership responsibilities. It is important to note that employees cannot be penalised for reasonably exercising their right to disconnect after hours. 

Epigroup's qualified workplace health and safety experts provide cost-effective solutions to manage your WHS needs, reduce the risk to your workers and help you meet WA’s WHS laws. Email [email protected] or call 1300 414 313. 

The workplace health and safety dimension 

Under the Work Health and Safety Act 2020, employers are legally obligated to eliminate or minimise risks to health and safety, including psychosocial hazards. After-hours contact can constitute one such hazard. 

Potential risks associated with after-hours contact 

After-hours contact can pose several risks, including: 

• Fatigue resulting from extended working hours (e.g. a lack of proper rest between long days and weekend work). 
• Stress and burnout due to constant availability or pressure to always be “on call”. 
• Erosion of work-life balance, potentially impacting mental health and engagement. 
• Potential bullying or harassment claims arising from unreasonable or excessive after-hours contact. 
• Psychological injury claims stemming from unmanaged workloads and unrealistic expectations. 

Consequences of ignoring the right to disconnect

Neglecting the right to disconnect can expose businesses to both Fair Work and WHS liabilities. 

Industry-specific challenges

The implementation of the right to disconnect may present unique challenges across different industries: 

• Manufacturing and logistics: Shift work and rostering can complicate the management of boundaries. 
• Healthcare and aged care: After-hours emergencies and client needs are common in these sectors. 
• Professional services: “Always on” client culture and time-zone differences can pose challenges. 
• Construction: Urgent safety or project updates outside of core hours. 

Despite the differences, the common thread is the same: after-hours contact must be managed carefully to reduce workplace health and safety (WHS) risks. 

What employers need to do

 Meeting your obligations entails considering both legal and WHS risks. Practical steps include: 

• Developing a Right to Disconnect Policy aligned with your WHS framework. 
• Reviewing risk registers to capture psychosocial hazards related to after-hours work. 
• Defining “reasonable contact” within your business context. 
• Providing training so managers and staff understand the new expectations. 
• Leading by example – senior staff must model healthy boundaries.

Strategies that work

Here are some simple, practical ways to get ahead: 

• Setting clear communication protocols – when and how staff can be contacted. 
• Using technology wisely – delayed email sending, out-of-hours auto-responses, escalation systems. 
• Managing workloads – realistic deadlines, adequate resourcing, and fair rostering. 
• Engaging with clients – resetting expectations around availability and response times. 
• Supporting staff wellbeing – monitoring workloads, encouraging breaks, and promoting employee assistance program (EAP) services. 

Final thoughts

The right to disconnect is more than a new workplace entitlement. It serves as a reminder that effective WHS management includes protecting mental health and establishing boundaries around work. 

For employers, this entails building systems and cultures that respect downtime, reduce psychosocial risks, and strike a balance between business needs and worker wellbeing. When implemented effectively, it transcends compliance and becomes a means of creating healthier, more sustainable workplaces. 

The message is clear: respecting the right to disconnect is not only a legal obligation, but it also benefits business. 

CCIWA offers a Right to Disconnect Policy to help meet your obligations under the law.  Call 08 9365 7660, contact [email protected] for more information.