The FWC found that an employee dismissed for breaching a ‘procedure manual’ should be reinstated and awarded backpay for the period she had been unemployed.

The employee was terminated after she deleted the contents of an employer-issued ‘on-call’ mobile phone before giving it to another employee in preparation for a leave period over Christmas.

The FWC agreed that the employee breached the terms of the policy manual by deleting the contents and this breach constituted a valid reason for her dismissal.

However, the FWC found that:

• The policy manual was “long, complex, legalistic and did not fairly and clearly put [the employee] on notice of requirements”
• There was little evidence that the employer ensured “its employees read and actually understood the procedure manual”
• The procedures regarding mobile phones and I.T were “haphazard” and difficult to understand.

This case is notable because the employer had relevant workplace policies and procedures in place but their length and complexity meant they were not “readily understandable”, and that the dismissal was therefore harsh, unjust and unreasonable.

This case reinforces that your policies matter and that they need to be useable and up to date.

Learnings for business

Know your obligations

It is not sufficient for an employer to merely have workplace policies and procedures in place. These need to be useable, concise, and clearly communicate your expectations to staff.

Communicate your policies

Your policies cannot sit in a dusty drawer if you wish to rely on them when managing employee conduct and performance. Employers need to ensure staff are aware of their obligations and to communicate policies and procedures on a regular basis. Staff need to be aware of expectations, particularly if breaches of certain policies and procedures lead to specific consequences.

Update your policies

The policy and procedure landscape changes regularly due to legislative reform and developments in best practice. To ensure your policies are providing the best support to your business, make sure you update them at least every two years, with additional updates for major legislative changes.

How the Victorian Chamber can help

The Victorian Chamber has a team of expert Workplace Relations and Health, Safety and Wellbeing Advisors and Consultants. The team has an impressive background and a wealth of experience putting them in the best position to support your business.

Our team can assist with reviewing or drafting appropriate workplace policies and procedures and providing strategic advice on managing the performance and conduct of your employees. We are also here to help if you are faced with an FWC claim.

For more information on how we can support your business or to access our consulting services call us on (03) 8662 5222.