Work Smarter

Work Smarter

Smart means planning to succeed: a tailored HR plan, managing your risks and making the right decisions first time. Working smarter saves you time, money and rework.

Grow Stronger

Grow Stronger

Strength is your growth foundation: right people in the right roles and a culture of high performance and low maintenance. Growing stronger equals success... and more time for you to enjoy it.

Move Faster

Move Faster

Faster is better with smart speed: an engaged, confident and capable workforce achieving more in less time. Moving faster means first to new customers and new opportunities.

Work Smarter

Work Smarter

Smart means planning to succeed: a tailored HR plan, managing your risks and making the right decisions first time. Working smarter saves you time, money and rework.

Grow Stronger

Grow Stronger

Strength is your growth foundation: right people in the right roles and a culture of high performance and low maintenance. Growing stronger equals success... and more time for you to enjoy it.

Move Faster

Move Faster

Faster is better with smart speed: an engaged, confident and capable workforce achieving more in less time. Moving faster means first to new customers and new opportunities.

Incorporating policies into employment contracts: think twice!

A Contract of Employment is a legally binding agreement designed to provide both parties security and protection throughout the employment relationship. Incorporating policies into employment contracts under the perception their inclusion ensures employee compliance is a commonly held practice amongst employers.

While most employers recognise the importance of formally documenting the rights and obligations of each party, few recognise the hazards when company policies are specifically incorporated into a Contract of Employment.

Bottom line? Employers expose themselves to potential legal risks when workplace policies are incorporated into a contract of employment.

If a contract of employment requires an employee to observe a policy – and the language in the policy can be interpreted to create mutual obligations on the employer and employee – an employer can be exposed to claims for breaches of the employment contract for failing to or not adequately complying with its own policy.

Is the risk significant? Click here for a summary of a Full Court decision to award an employee damages in excess of $500,000 as a result of the employer failing to comply with its own HR policy.

So what’s the best approach around incorporating policies into employment contracts? As with any risk management strategy, it’s better to identify and eliminate the hazard right from the start as opposed to dealing with consequences once they arise.

Employers should carefully consider whether they wish to incorporate any internal policies and procedures into an employee’s contract of employment. Contract wording should be precise to provide accurate effect to the employer’s intention. Unambiguous contractual wording minimises the chances that a court will have to provide their own interpretation as to what might have been the parties’ intention.

Wording in the contract should clearly state that employees have an obligation to be familiar with company policies and procedures but these workplace policies do not form part of the contract. Clarifying the employer’s expectations that workers observe company policies ensures such policies take the form of directions and, as most employers know, employers can direct employees at any time to comply with reasonable and lawful directions.

Knowing exactly what Contract of Employment content is right for your business can be tricky. A well worded contract, tailored to your business, provides employers the protection they’re entitled to while clarifying expectation from employees.

Bare Bones Consulting specialises in employment documents tailored to your business, operating environment and strategic objectives. We make things easy…and we go the extra mile to ensure what we deliver is an effective, value for money HR solution you understand.

Why not give us a call? Your initial consultation is free…and that’s cheaper than any visit to court. Objection overruled!

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  • Bare Bones Consulting

Contact Us

Give Bare Bones Consulting a call to discuss our range of HR services to help your business succeed.

Even if you elect to not proceed after our first complimentary consultation you’ll be in a better position to know what’s possible.

We believe our approach to HR is unique... but then again, so is your business.