Employment Contracts to stop affairs, fights and bullying

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Build our Employment Contracts to stop Affairs, Fights and Bullying

You need our Employment Contracts to stop Affairs and Fist Fights

You need our Employment Contracts to stop Affairs and Fist Fights

Do you allow employees to have intimate liaisons during or after work?

Where do you stand on fighting and bullying?

To discourage such behaviour, the Employment Contract must allow for Policies, such as an Employee Relations Policy. Our Employment Contracts allows you to enforce such Policies. Our Employment Contracts stop affairs, fights and bullying.

In the case of Bradshaw v Rugby Portland Cement[1], the employee was convicted of incest with his daughter. He is summarily dismissed. He files an unfair dismissal claim. Surprisingly, the Court upholds his unfair dismissal claim. He returns to work.

The Court states his conviction is not connected to his employment as a pilot. His Employment Contract fails to refer to any Policies. Build Employment Contracts on our website and you can sack him.

employment contract bullying in the workplace fighting and affairsDo Policies also catch out Employers?

Policies should rule how employees conduct themselves. They should not trap an employer. When the Employment Contract is drafted correctly the Employers is not bound by their own Policies. Employers can change the Policies. Policies should not limit the employers’ discretion. In McCormick[2], an employee successfully argued that the company had to pay him a termination package according to its own Redundancy Policy.

Again, this could not have happened if the employer had built the Employment Contract on our law firm’s website.

Can’t I just direct the employee to obey a Policy?

You need our Employment Contracts to stop affairs, fights and bullying.

You can’t automatically direct an employee to obey Policies. Instead, incorporate them into the Employment Contract. For example, in BHP v AWU [3], the Court held that a memo was not sufficient to bind the employee to the Policies. It is only possible to bind an employee to Policies by express reference in the Employment Contract.

Again, had BHP built a Legal Consolidated Employment Contract, they would have got their Policies enforced. Silly BHP.

To stop the inappropriate flings, build your employment contract here.

[1] Bradshaw v Rugby Portland Cement Co Ltd [1972] IRLR 46.

[2] McCormick v Riverwood International Australia Pty Ltd [1999] FCA 1640.

[3] BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 102 FCR 97.

See also:

Adjunct Professor, Dr Brett Davies,  CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
National Australian law firm
Mobile:       0477 796 959
Direct:        08 6389 0400
National:    1800 141 612
Reception:  08 6389 0100
Email:         brett@legalconsolidated.com
Skype:        brettkennethdavies

 

 

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