The Right to Disconnect: Culture>Compliance?
It’s that time of year again. Office are shutting their doors. Inboxes are overflowing with auto-replies. The post-office-party haze has finally lifted, and we’re all perched on the edge of our seats, ready to sprint towards a well-earned break.
Whether you celebrate Christmas or not, the end-of-year holidays are one of those rare moments when many of us actually take a break. It’s part of the culture.
This got me thinking... about the Right to Disconnect.
It’s been months since Australia introduced these laws, but the latest research by Indeed shows they’re not working as intended.
Could the answer lie in culture, not just compliance?
Why Are the Right to Disconnect Laws Falling Short?
On 26 August 2024, Australia rolled out Right to Disconnect laws to combat burnout and our relentless “always on” work culture.
The legislation grants employees (at businesses with 15+ people) the right to refuse contact outside of hours—be it emails, texts, or calls. They’re not obliged to monitor, respond, or read messages during their downtime. Notably, these protections exclude “reasonable contact” and won’t apply to small businesses until August 2025.
But months later, it seems the laws are missing the mark.
Research by Indeed found that:
4 out of 5 Australian workers have been contacted outside of work hours.
65% have been contacted on personal leave.
While workers technically have the right to refuse, 79% are still too scared to assert it. But why?
Workplace psychologist Amanda Gordon says workers fear “missing a promotion, causing project delays, or damaging their professional reputation.”
On the flip side, nearly half of employers (47%) worry the laws could hurt productivity.
Clearly, there’s a disconnect.
From Mandates to The Human Way
Here’s the truth: people are not machines.
Research on human performance is clear — we can’t always be on. To perform optimally, humans need a rhythm of peaks, troughs, and recovery periods:
Peaks: When cognition, focus, and energy are at their best. For most, this happens in the morning. This is when you tackle your toughest tasks, big decisions, and complex projects.
Troughs: When you feel sluggish or scattered. These times are short breaks, and simpler, less demanding tasks.
Recovery: Perhaps the most crucial phase. Here you're primed for relaxation, social connection, and replenishment. Recovery refuels your energy so you’re ready for the next peak.
Importantly, you cannot cheat this cycle!
If you pinch time from recovery to “fit more in”, you pay the price with poor decision-making, increased risk, and eventual burnout.
But here’s the catch: working overtime is part of our culture. And even more-so since COVID blurred the lines between work and home. Sure, laws are one step toward change, but they won’t fix the deeper systems that uphold this culture.
The Solution: Culture > Compliance
If we want to tackle burnout and our "always on" work cultures, we need to go beyond legislation.
Start 2025 strong by building a workplace culture where:
High performance is understood: Educate leaders and employees on what optimal performance really looks like — peaks, troughs, and recovery. Rest may not feel like work, but it's part of the overall cycle.
Rest is role-modelled: Leaders set the tone. If the CEO prioritises time off, everyone else will feel they are safe to disconnect.
Relationships are prioritised: Trust and psychological safety thrive when relationships do. Make open conversations about energy levels and performance the norm.
Agency are encouraged: Everyone is different. Allow individuals the chance to customise their availability and rhythms. Not everyone’s peak performance happens within a 9-to-5 window. Do you want to miss out on someone's peak period because of inflexible thinking?
I do wonder whether we’re having the right conversation.
The Right to Disconnect is a start, but culture drives real change. Make 2025 the year you lay the foundations for a more human way to high performance. Contact me to find out how.
