Changing Workplace Policies

It is not uncommon that an employer wants to update their workplace policies due to changes in the workplace or even changes in the law.

However, a recent Fair Work Commission decision has ruled that in doing so there is more to do then just update the policy itself in terms of communicating with your employees and training them in relation to the new policy.

In an unfair dismissal claim in the Commission it was found that although there was a valid reason to terminate an employee for breaching the zero-level alcohol requirement, the termination was unfair as the employee had not been suitably advised and/or trained in relation to the change in the policy. The employer had changed the policy from a blood alcohol reading of 0.2 to 0.0, and although they had sent an email to all staff, and put up notices around the workplace, the heading in the email did not actually indicate that there was a change in the policy and only referred to the policy name itself.

The Deputy President stated, “"if a person receives a work-related email on a personal email account and there is no requirement from their employer that such emails be read and understood, there is a possibility that the employee will not open the email and leave it 'unread'. This was an outcome which (the employer) appears to have never contemplated"

Further, the employer claimed that there had been changes to the policy explained at toolbox meetings. However, the Deputy President noted, based upon the evidence before her,

"The problem with using the toolbox talks … is that employees routinely attended toolbox talks before every shift. As such, it could not reasonably be expected that they would remember every single issue that was discussed during a one-year period where they attended more than one hundred such meetings, particularly as the toolbox talks only went for three to four minutes.”

If you are looking to change an existing workplace policy, or even introduce a new workplace policy, it is important that you,

1. Consult with the workforce as to the proposed changes,

2. Notify the employees of the actual changes and the effect on their employment,

3. Provide the necessary training to ensure that the policy is understood, and

4. Get signed confirmation from each employee that they had read and understood the policy.

Primary Employers Tasmania can assist in drafting policies and providing on-site training to your staff.