I review and draft employment contracts or employee handbooks for my clients and the constant theme that I see where documents are provided to me for review is in relation to the client’s policy and procedures. Basically put, the document reads that it is the employees’ responsibility to make themselves aware of and comply with the company’s policies and procedures that effect the employee.

I review and draft employment contracts or employee handbooks for my clients and the constant theme that I see where documents are provided to me for review is in relation to the client’s policy and procedures.  Basically put, the document reads that it is the employees’ responsibility to make themselves aware of and comply with the company’s policies and procedures that effect the employee.

 

This action on the part of the Employer exposes them to sanctions, as it is a recognised defense on the part of an employee who has been disciplined or dismissed that they were unaware of the policy or the process they were required to comply with.  The responsibility lays with the employer to ensure that Employees are made aware of relevant Policies and Procedures.

 

This above has been reinforced to some degree by a recent decision of the Commission, where Deputy President Easton stated, "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".  In addition, where an Employer’s policy or procedure documentation conflicts with relevant awards and/or legislation, the policy or procedures will be deemed not to have effect.

 

It may be time well spent to have a look over your current policy and procedures to ensure they are up to date and comply with relevant legislation.

 

If you need assistance with the above or any HR or IR matters, please contact me at john@lambwrc.com.au