HR Tips & Answers

Why drafting robust Company Policies is important!

There was an unfair dismissal case that went before Fair Work Commission earlier this year (2021) where an employee took their employer to the Commission because they had been dismissed for their refusal to have  a drug and alcohol test. 

Without getting into the history of the case, the employer had a very robust policy on Drug and Alcohol that covered all company employees; both in the office as well as the production staff. 

The company was able to show that their policy was specific enough and that the employee was aware that the policy was a “one and all” for all employees and their refusal to comply was dismissible.

The employee had also attended a training session where the Drug and Alcohol and other Policies were explained in detail and when they started with the company the Induction Process also referred to the Policy.  

The Drug and Alcohol Policy that the company had in place was clearly written and not only covered current testing procedures but also stated that future testing procedures could be used. 

Your Policies do not need to be “perfect” – but they do need to be specific and robust enough so what you have in place is  clear, easily understood by all your employees and will withstand scrutiny. 

The outcome of this case was that employee’s claim was dismissed as the Commission was satisfied that the company’s Policy and Procedures had not discriminated against the employee.

 If you would like to discuss this further or need help with reviewing/updating your Policies and Procedures, then give us a call on 02 6009 1000. 

Cheers 

The Workbetter Team

Published: Thursday, November 25th, 2021
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