Working on your Policies

Workplace policies set out principles guiding your organisation’s expectations. Employees, as well as employers, can utilise them.

The inclusion of a term relating to policies in an employment contract may have the effect of expanding the employment contact to include the wording of the relevant policy.  Policies about employment benefits (for example, phone or equipment; bonus scheme), can, depending on the circumstances, be legally binding.   Employees can also hold an employer liable for failing to comply with or properly implement a policy, say, relating to harassment.

Employers can rely on policies, such as policies relating to drugs or alcohol (particularly where safety is compromised); the expenditure of company money on travel; and social media use (eg offensive remarks) in taking disciplinary action.   The employer would need to show the policy was adequately communicated to the employee; training and education has been provided (particularly where there are policy changes or new policies); and be able to demonstrate consistency of application.  Even then, proving breach needs to be tempered by the facts and circumstances and the nature and extent of the breach.

Workplace policies can also be developed to deal with conduct outside of work; particularly where there is connection with the employment; the conduct impacts the trust and confidence on which the employment relationship is based; and damages the employer’s interest.

The construction and implementation of a workplace policy needs care and thought if the objectives and aims are to be achieved.  Employers should consider whether the policy is intended to form part of the employment contract.Workplace policies set out principles guiding your organisation’s expectations. Employees, as well as employers, can utilise them.

The inclusion of a term relating to policies in an employment contract may have the effect of expanding the employment contact to include the wording of the relevant policy.  Policies about employment benefits (for example, phone or equipment; bonus scheme), can, depending on the circumstances, be legally binding.   Employees can also hold an employer liable for failing to comply with or properly implement a policy, say, relating to harassment.

Employers can rely on policies, such as policies relating to drugs or alcohol (particularly where safety is compromised); the expenditure of company money on travel; and social media use (eg offensive remarks) in taking disciplinary action.   The employer would need to show the policy was adequately communicated to the employee; training and education has been provided (particularly where there are policy changes or new policies); and be able to demonstrate consistency of application.  Even then, proving breach needs to be tempered by the facts and circumstances and the nature and extent of the breach.

Workplace policies can also be developed to deal with conduct outside of work; particularly where there is connection with the employment; the conduct impacts the trust and confidence on which the employment relationship is based; and damages the employer’s interest.

The construction and implementation of a workplace policy needs care and thought if the objectives and aims are to be achieved.  Employers should consider whether the policy is intended to form part of the employment contract.