Resson 4: Common Practices in Business
Written workplace policies and procedures in place Such
Policies and procedures are useful documents to rely on when a legal dispute arises between the
employer and an employee, In many cases, where the employer can point to a policy to show that the
employee ought to have known what his or her responsibilities were in relation to the disputed matter,
the employer 1s likely to be in a much stronger position before a court or tribunal, particularly relating
to an unfair dismissal matter.
[me are a number of valid reasons for an employer to have
Legislative Requirements
Some employment-related laws include a requirement for a policy to be in place and that the policy
fulfils certain specifications. For example, occupational health and safety laws require an employer to
put in place a rehabilitation policy outlining the responsibilities of the employer. No having such a policy
constitutes an offence under WHS statutes.
Codes of Conduct
Many companies have policies relating to matters that are not regulated by law, but which are based on
standards set by the employer in an effort to ensure a high standard of behavior in the workplace.
Policies that deal with employee behavior at work (and out of hours) as well as their responsibilities
towards the employer and to company property are usually incorporated in a ‘code of conduct.’ Setting
policies in these areas indicates to employees the standard of behavior that is expected of them at work
and what the consequences of a breach will be.
Policies can deal with such matters as fighting, language, dress standards, alcohol, drugs, confidentiality,
other employment, maintaining the workplace, the borrowing of company property, theft, and
statements to the media.
Conditions Included in Policies
There are a number of different conditions of employment that may not be prescribed by law, but which
are agreed to by the employer and the employee at the commencement of the employ. Ment contract.
Some companies issue policies on such matters 8 that employees are clear on what their rights and
responsibilities are. Conditions which may fall into this category include:
1.
A oe oe OPS
SO ONAN SP YW
Attendance,
Absenteeism,
Punctuality,
Transfer, ih» ¢ {,» one ove har Training,
Promotion,
Probation, ~ Cv ™ ®% ( (aw Performance review, Discipline, Abandonment of employment, ~ v7 Ga oe!
Exit interviews, ~ Yan ka Viorss 1 “Lael pa Notice,and te fou OF Deserta
Termination of employment.
2 Dun) oy Ma Enng Wye { Sit +)
Employee Entitlemen
It is useful to develop policies on employee entitlements which are prescribed by a modern award or an
enterprise agreement or employment legislation so that employees and management are able to
ascertain those entitlements. Where greater entitlements than legally prescribed are given these should
be set out in policies.
These entitlements include: 1. Redundancy pay, 2, Annual leave, 3. Long service leave, 4, Compassionate
leave, 5. Parental leave, 6. Personal/career’s leave, 7. Jury service,
8. special leave, 9. Overtime, 10. Shift work, etc.
Employee Benefits
An employer may_provide a number_of different benefits as part of their contract af emplayment.
These are oftetnot prescribed by legislation or an industrial instrument but are provided-by the
employer for the benefit of employees—-sometimes as incentives aimed at increasing productivity.and
with the intention of attracting and retaining competent and_qualified employees. Employee benefits
that fall into this category include: company car, mobile phone (including private use), employee
assistance programs, salary packaging, career breaks, and study assistance.
Breach of Company Policy
Failure to comply with an employer’s policies can be a valid reason for termination of employment.
However, the termination for such a breach may be, in particular circumstances, harsh, unjust or
unreasonable. Consequently, the reasonableness of the policy and its application by the employer are
taken into account in determining an unfair dismissal claim. Inconsistency in application of a policy may
be a relevant matter for a tribunal to consider. The circumstances in which policies and procedures
documents are not discretionary because they form part of a contract of employment are complex and
developing around case law. »
Policies a Term of Contract of Employment
Where policies are referred to in an employment contract, there is the possibility a court could
determine that those policies are contractually binding. The terms set_out-in a written contract of
employment may cover a number of different statements or documents including a reference ta.
Company policies and procedures. Whether a handbook of company policies and procedures is
incorporated into a contract of employment will depend on the circumstances surrounding the making
of the contract. The drafting of an employment contract can either Successfully limit or unintentionally
broaden an employer’s
Vbligations under policies, A common term in employment contracts is @ general statement that
‘company policies do not form part of the employment contract’, However, the employer must be
careful that the terms of the policy exclusion should not be undermined by other specific terms in the
contract which could imply the incorporation of policies. Restricting employees’ speech and political
activities, If an employer wishes to restrict employees’ political activities or public comment, any
restriction must be a reasonable and lawful direction. The reason for introducing such a policy usually is
to preserve the company’s reputation and maintain workplace harmony. Any restriction should relate to
the employment relationship and any disclosure of confidential information that could potentially
damage the employer. Such a policy should not curtail an employee’s right to make legitimtae private
comments.
But let us all be a real person here for a moment and unlike all these rules and regulations, we non
