Employment Policies and Procedures

Regardless of the type of workplace, employment policies and procedures are essential to clarify expectations and reinforce employee standards. Such policies are typically outlined in an employee handbook, in the employment contract, or are made readily available via the corporate intranet. This article looks at the most common types of employment policies and procedures and their benefits in the Australian workplace.

Types of employment policies

Some workplaces have more employment policies than others. The number of policies is often driven by the size of the organisation, the type of activities the workforce undertakes, and the legal context in which the work occurs. Large organisations that perform risky work in highly regulated environments are likely to have many policies, while a single-person business may have minimal written policies.

Most larger employers will have employment policies including the following.

• Code of Conduct
• Dress/Uniform Policy
• Drug and Alcohol/ Smoking Policy
• Workplace Health and Safety Policy highlighting potential workplace hazards. This is an umbrella policy that covers topics such as Mandatory Reporting, Mental Health, Building Evacuation, and Bullying and Harassment.
• Internet and Email Policy on the appropriate use of technology and online platforms;
• Privacy Policy pertaining to the protection of employee’s personal details;
• Leave Policy outlining the procedures to access leave entitlements;
• Anti-Discrimination and Harassment Policy promoting equal employment opportunities in the workplace through diversity hiring, disability access and inclusion policies;
• Performance Management Policy outlining the process for the performance management, disciplining and counselling of employees;
• Grievance Handling Policy with options for employee assistance and conflict resolution;
• Use of Social Media Policy; and
• Discipline and Termination Policy.

A workplace may also choose to have less common policies such as ones about LGBTQIA+ inclusion, vaccination, workplace fatigue, work from home, and sustainability.

Legislative context

Employment policies must comply with legislation such as the Work Health and Safety Act 2011, which sets out the workplace health and safety obligations of both employers and employees. These policies must also be consistent with the Fair Work Act 2009 (and the Fair Work Regulations 2009), which is the main federal legislation governing workplace relations and employment conditions in Australia. This Act covers issues such as the National Employment Standards, Modern Awards, Enterprise Agreements, Unfair Dismissal Protections and General Protections against Adverse Action. Workplace policies should also be informed by other federal laws such as the Workplace Gender Equality Act 2012, the Racial Discrimination Act 1975, and the Privacy Act 1988, which governs how an employer handles personal information. All this federal regulations and relevant state and territory law should inform employment policies and procedures.

Drafting policies

When developing policies and procedures, the employer should consult with relevant stakeholders, such as health and safety representatives, employees and regular contractors. Consulting these individuals means that everyone understands the importance of the policies and ensures that they are realistic and actionable in the organisation.

Employment policies and procedures should not be universal “one size fits all” solutions or “off the shelf” products. Instead, the employer may wish to take the general principles propagated in publicly available documents and tailor the specifics to the individual workplace. Policies and procedures may be short, succinct and written in easily understandable language. They should also be realistic and reflective of the time, resources and personnel at hand in a workplace.

It is equally important that the policies and procedures are regularly reviewed and updated. Some WHS legislation actually requires periodic review of relevant policies. Of course, any changes to policies should be clearly communicated to employees.

Benefits of employment policies and procedures

A clearly written company policy can aid a business in many ways. Policies demonstrate that an organisation is stable, diligent and efficient, and consistent in decision-making and operational procedures. Policies also benefit employers if they need to defend a Work Health and Safety (WHS) prosecution, liability or unfair dismissal claim. Employment policies also:

• Help employees understand the expected standards of behaviour and performance, and give them clear boundaries;
• Provide guidelines on employer decision-making that the employees can refer to in times of upheaval or change;
• Facilitates the equal, uniform and consistent treatment of employees;
• Provide a documented method to deal with misunderstandings and complaints, which may help if there are claims of discrimination or favouritism; and
• Assist the employer to assess employee performance and establish accountability.

It is important to remember that policies are only able to deliver these benefits if they are enforced. Employers should address any failure to follow the agreed-upon policy or procedure. Managers and supervisors must equally implement these policies and procedures, and must not selectively condone violations of policy, as this can later be grounds for complaints of favouritism or bullying.

Communicating policies to employees

An employment policy or procedure is also only useful if it is effectively communicated to existing and new employees. Certainly, it is unlikely that a court or tribunal will uphold a dismissal for a breach of workplace policy if the policy was not properly communicated to employees or applied inconsistently to the workforce. As such, employers should routinely communicate policies to employees, and may wish to have all employees agree that they have read and understood the policies on an annual basis.

Regular training sessions should be offered to remind employees about critical policies. This is part of an employer’s obligation to provide employees with adequate instruction, information, training and supervision. An employer should ensure that new employees are trained in workplace policies and procedures and that existing staff receive refresher courses as appropriate.

Employers can stay current on the types of updates that should be made to employment policies and procedures by consulting with an employment lawyer. Please contact the employment law team at Go To Court on 1300 636 846 for any legal assistance.