King & Wood Mallesons

Asia-Pacific 100 position: 3

Victorian Supreme Court considers interaction of employment policies and procedures and the employment contract

By Alina Leikin

The Supreme Court of Victoria has found that even where an employment contract expressly incorporates policies and procedures, non-compliance by the employer will not necessarily be found to constitute a breach of contract.

This case suggests that even if policies and procedures are expressly stated to form part of an employment contract, they will not apply as a term of the contract if they are inconsistent with any other express term of the contract; and even where a policy or procedure is incorporated by a term of the contract, this will not always be determinative of its application in every situation, or to every employee of the company…

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