Fair Work Commission places responsibility on employers to notify employees of policy changes

A recent decision in the Fair Work Commission (FWC) provides a warning for employers to properly educate their employees on any significant changes on workplace policies.

Facts

Decision

While Deputy President Judith Wright found that having tested above the blood alcohol limit of 0.00 was a valid reason for Mr Hancock’s dismissal, the dismissal was harsh and unreasonable overall.

HPS’ notification to employees (by email and text message to their personal numbers and email addresses) was not seen to be sufficient to effectively notify employees as the email and text message did not clearly state that there had been a change in the policy.

While there was evidence that the policy change was mentioned in toolbox talks, DP Wright found that it could not reasonably be expected that employees remember every single issue discussed in these talks given they occurred on a daily basis but only went on for three to four minutes. Coupled with a lack of a dedicated training session (despite there being ample opportunity to provide training during shifts), the dismissal was found to be harsh and unreasonable.

DP Wright made orders to reinstate Mr Hancock and compensate him for lost wages (compensation reduced by 50% due to Mr Hancock’s conduct).  

Lesson for Employers

Any key change in a company’s policy such as drug and alcohol policies need to be communicated effectively to employees and documented by: