Key Points:
Language of promise in company policies can, in certain circumstances, cause the employer to be contractually bound by those policies and exposed to potential liability for damages.
The need for employers to take care when drafting their HR policies and procedures has been highlighted by the Queensland Court of Appeal's decision in Gramotnev v Queensland University of Technology [2015] QCA 127.
Mr Gramotnev was dismissed from his employment in 2009 for serious misconduct. He then brought nearly 400 claims against the University for breach of contract in the Queensland Supreme Court, one of which was a claim that the University had breached the Senior Staff Disciplinary Policy when the Vice-Chancellor failed to act upon the alleged bullying behaviour of Mr Gramotnev's colleague. To make out this claim, Mr Gramotnev would need to demonstrate that the provisions of the Policy which he claimed were breached by the University were terms of his employment
