Policy Implementation:
More Than Just a “Tick and Flick”

| October 25, 2024

The Fair Work Commission (FWC) has recently held that an employer’s reliance on a workplace policy is only reasonable when that policy is well-known and understood by employees. 

In a recent case, Christmas Island Phosphates dismissed a truck driver for inappropriate conduct towards a coworker. The truck driver repeatedly made derogatory remarks and physical gestures, accusing the coworker (referred to as employee IR) of “sucking up” to the boss. Despite being asked to stop, the truck driver continued the behaviour and even made aggressive threats. 

The company investigated the complaint and terminated the truck driver for breaching its: 

• Code of Conduct 
• Standards of Behaviour Policy 
• Anti-Discrimination and Harassment Procedure 
• Psychosocial Safety in the Workplace Policy 

The truck driver then lodged an unfair dismissal claim, arguing that he was unaware of these policies and couldn’t be held accountable for standards of behaviour he had not been informed about. 

The FWC’s Findings 

While the FWC agreed that there was a valid reason for dismissal, Deputy President O’Keeffe highlighted issues with how the company communicated its policies. The investigation revealed that the company had conducted a brief toolbox meeting about the Code of Conduct, which was deemed inadequate due to: 

• The meeting’s short duration considering the importance of the policy
• Employees were expected to pick up a copy of the Code of Conduct after the meeting, rather than receiving one during the session
• Language barriers within the workplace were not adequately addressed

The Deputy President concluded that the company took a “tick and flick” approach to educating employees on workplace policies, which contributed to the truck driver’s lack of awareness. 

The Impact of Proper Training 

The Deputy President also considered whether the truck driver’s conduct might have been different if he had undergone proper training. It was suggested that with appropriate interactive training, the truck driver may have refrained from the inappropriate behaviour. 

Ultimately, while there was a valid reason for dismissal, the termination was considered harsh due to the lack of exposure to key workplace policies, adding an element of injustice to the decision. 

Avoiding the “Tick and Flick” Mistake 

A common mistake is assuming that simply having policies in place is enough. As this case confirms, a policy is ineffective if employees are not aware of it, don’t understand it, or aren’t informed about its implications. 

To create awareness and understanding, employers must consider the following: 

• Clear and Comprehensible Policies
  Are your policies easy to read and comprehend? 
• Language Accessibility
  Do they need to be translated for non-native speakers? 
• Policy Access and Awareness
  Do employees know where to find them and what they mean? 

To ensure successful policy implementation, develop sound, reasonable, and lawful policies, and implement them in ways that ensure all employees understand both the policies and their significance.

Need Help with Policy Implementation?

A well-written policy is only effective when it’s properly communicated and understood. Ensure your workplace policies are developed with care and delivered through effective training and awareness programs.

Let our team of experts support you in crafting essential legal and operational policies, with tailored training to keep your team fully informed. Contact IRiQ Law today to learn more.