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When implementing policy in the workplace, employers should be aware that it needs to be easy to understand and readily available for employees to access.
As discussed by Colin Biggers & Paisley Lawyers, the Fair Work Commission (FWC) warned employers of their obligation to create “clear and accessible” policies for employees.
The case of Eptesam Al Bankani v Western Sydney Migrant Centre Ltd referenced should be evidence enough of the rights of employees and the responsibilities of employers.
Ms Al Bankani was dismissed after deleting data from a work mobile phone. This reportedly amounted to serious misconduct as she breached company policy.
Colin Biggers & Paisley highlighted that the FWC found that the dismissal was “harsh, unjust and unreasonable” as “the document was too complicated and bore little connection to the procedures initiated and tolerated by managers”, and the breach was “far from clear or obvious”.
Ultimately, Ms Al Bankani was reinstated to her role with a pay reduction of 25 per cent.
These issues could be avoided if the employer provided a clear and accessible policy that was reasonable.
Colin Biggers & Paisley provided organisations with a guide for implementing correct policies:
“Accessible – Access entails more than just having the ability to reach it. The policy should form part of regular training; it should be something that is regularly referred to and referenced. In this way, employees should understand the importance of the policy document.
“If documents don’t form part of the day-to-day workings and language of a workplace, there is likely little reason for an employee to be familiar with policies. In such cases, the document may be deemed inaccessible.
“Understandable – Documents should be easy to understand for employees who are using them. It may be difficult for people to understand documents and policies with complex and legal language.
“Consider whether policies need to be visual/pictorial, translated into other languages or simplified. Flow charts or summaries of policies can assist with understanding, as can regular training that explains the purpose and intent of the policies.
“Reasonable – Policy terms should be clear and comprehensible. They must be applied and enforced consistently, reasonably and fairly to all employees.
“They should define key terms and provide examples of misconduct, bullying and any other issue which might lead to disciplinary action.
“Systems must also support the application of policies. For example, if mobile phone data is to be retained, phones might be configured so that data cannot be deleted.”
Providing policies that adhere to these considerations not only makes life easier for employees trying to understand their responsibilities but also saves time and resources that could be lost, as exemplified by Ms Al Bankani’s case.
Jack Campbell
Jack is the editor at HR Leader.
