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

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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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