Navigating the Right to Disconnect: A Conversation on Modern Workplace Expectations

As the nature of work continues to evolve, so do the expectations and boundaries surrounding it. Over the past few years, the conversation around work-life balance has intensified, driven by flexible working arrangements, hybrid models, and the growing prevalence of remote work. While the shift offers many benefits, it also comes with its own challenges—one of the most significant being the blurring of lines between personal time and work responsibilities. This has led to increased discussions around initiatives like the "right to disconnect," a concept that has been gaining traction worldwide.

The right to disconnect refers to a worker’s right to disengage from work-related communications, such as emails or calls, outside of regular working hours without facing repercussions. The idea aims to prevent burnout and promote healthier work-life boundaries. In Australia, new legislation has been passed that grants workers this right, prompting New Zealanders to question whether a similar framework should be adopted. Recent surveys indicate that many Kiwi workers feel the pressure to always be “on,” contributing to burnout rates. In fact, a study conducted by AUT revealed that 24% of New Zealand workers report often feeling overwhelmed by work, a statistic that highlights the urgency of addressing work-related stress.

“Many New Zealanders are still hooked on the idea that productivity means staying late or arriving early, rather than focusing on outcomes.”

In a recent NZ Market Update NZ Managing Director Shannon Barlow was joined by  Founder and Host of Law Lenz Podcast, Sanam Salmani, to explore the complexities of work-life balance and the potential for introducing a right to disconnect in New Zealand. The conversation opened with Salmani acknowledging the long-standing issues surrounding flexible work and burnout, a topic that’s especially relevant post-pandemic.

“Burnout is becoming more prevalent, not only because of the hybrid work model but also because many workers are taking on the responsibilities of what used to be multiple roles,” said Salmani. She highlighted how this “new era of working” has blurred the lines between personal and professional life, leading to increased stress. “People are now demanding flexibility, but that flexibility often means that work bleeds into personal time, which makes it difficult to switch off,” she added​.

Barlow agreed, pointing out that while New Zealand already has legislation in place to address health and safety in the workplace, the issue lies in the implementation. “We’ve got a lot of things in place, but it’s really about how employers adapt and apply these within their own processes,” she noted. Barlow emphasized that the conversation needs to shift from simply ensuring compliance with existing laws to fostering a culture where employees feel comfortable disconnecting when necessary​.

Both speakers touched on the fact that New Zealanders often equate productivity with long hours and early starts. “Many New Zealanders are still hooked on the idea that productivity means staying late or arriving early, rather than focusing on outcomes,” said Barlow. She highlighted the need to break free from these traditional mindsets. “Does it really matter if I’m doing the work at 3 a.m. if I’m still delivering results?” Barlow questioned, urging leaders to embrace more flexible approaches to productivity​.

While legislation like Australia’s right to disconnect is one approach, Salmani suggested that businesses don’t necessarily need new laws to make a change. Instead, employers should focus on open communication. “It’s about sitting down and having frank conversations with employees about expectations and making sure they feel empowered to set boundaries without fear of negative consequences,” she said​.

Barlow also raised concerns about the ambiguity in legislation like Australia’s. “Their legislation uses terms like ‘unreasonable contact,’ but it’s still so broad, and we’re just waiting to see what the courts define as ‘unreasonable,’” she said. This grey area can create tension between employees and employers, making it essential for companies to take a proactive approach rather than waiting for legislation to dictate their actions​.

For employers in New Zealand, fostering a culture that prioritizes mental health and work-life balance can be just as effective as introducing new legal frameworks. Open dialogue about the pressures employees face, coupled with clear guidelines for communication outside of work hours, can alleviate much of the stress caused by constant connectivity.

Practical Tips for Employers and Employees

In addition to fostering open communication and setting clear expectations, here are some practical steps employers and employees can take to ensure a healthy work-life balance:

• Set clear boundaries: Establish specific hours when employees are expected to be available and make it clear that they are not required to respond outside of these hours.
• Encourage time off: Promote the use of leave days and encourage employees to fully disconnect during their time away from work.
• Model the behaviour: Leaders should lead by example, refraining from sending emails or making calls after hours, unless absolutely necessary.
• Provide mental health resources: Offer access to resources like counselling or stress management workshops to help employees manage their workload effectively.

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