BlandsLaw - Blog posts from employment policies
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Should company policies form part of the employment contract?

We are often asked  whether or not workplace policies should be incorporated or referred to in employment contracts. Historically employment contracts have included clauses that dealt with an employer’s expectations around conduct and company procedures, however there has been a movement away from this practice as employers prefer to have more control over the content of the policies without binding themselves contractually.

The case law in this area is mixed and establishes that, while policies may be incorporated into employment contracts, or simply referenced within the contract, there is a risk that this creates binding obligations on both the employer and its employees.Employers must use precise, unambiguous and clear language to ensure their true intentions are carried across. Otherwise, employers could find themselves in legal strife if they fail to abide by their own policies. A review of the case law in this area indicates that whether or not a reference to policies within an employment contract  creates contractual obligations will be judged on the particular facts of each case.

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Ongoing social changes have paved the way for leniency when it comes to swearing in the workplace. The question becomes when does swearing in the workplace amount to misconduct. The answer largely dependents on workplace culture and the context in which it is used.

A recent decision by FWC highlights the issue of where to draw the line between swearing and grounds for dismissal. In this case[1], an employee of Kailis Broswas dismissed for abusively swearing at his supervisor over an OH&S incident, which caused him to injure his lower back. Following the injury, he directed his anger towards his supervisor which included a repeated use of the ‘f’ word in an aggressive manner.  FWC found that whilst there may have been an existing culture of swearing, the fact that the employee had already received a warning for swearing in the past, coupled with the aggressive nature of the incident, ensured there was a valid reason for his dismissal.

Whilst this case affirms the standpoint that employers will

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As we get into 2011, we encourage employers to review and consider their obligations, employment terms and conditions, policies, procedures and practices to ensure an industrially successful 2011 ahead. We have highlighted some recent developments and upcoming matters for consideration in the workplace. To read the full article, click on the following; Looking Forward - 2011 the year ahed

BlandsLaw webinar - Wednesday 30 October 2013 at 1pm

We're not talking about your expanding waistline (you look great). We are talking about the five essential things that you need to know about employment law - your obligations as an employer, and protection for your business - as your business grows.

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