Should your Workplace Policies be included in your Contracts?
In the well-known Nikolich case, the employer was held liable because it failed to follow its own termination policy. The Court found this was a breach of contract because its policies had been expressly incorporated into the employment agreement.
Applying the learnings from the Nikolich decision, employment policies generally won’t be treated as contractual obligations if the agreement clearly excludes them. Including this safeguard in your contracts reduces the risk of employees alleging breach of contract when you don’t strictly follow internal HR processes, for example, around complaints, performance management, discipline, or investigations.
Does your template employment contract contain this protection? And just as importantly, have you reviewed your HR policies to make sure they set out clear, workable expectations for behaviour in your workplace?
Get in touch to discuss your options with our team.