Lawful and Reasonable Directions
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All employers have the right to direct or instruct their employees in the workplace with lawful and reasonable directions (reasonable management action) and employees have a general duty to obey directions from their employer (the basis of the employment contract).
However, employers must do so in a lawful and reasonable manner and keep in mind that what is perceived as reasonable can be highly contextual.
What should employers consider?
When issuing directions, employers should consider whether the direction is within the scope of the employment, having regard to the business and employee’s usual duties, including:
The nature of the employment relationship
The terms and conditions of employment
The method by which the direction is given
The usual practices of the workplace
The workplace’s policies and procedures
At the very least, to be considered reasonable, a management direction must be lawful and must not be ‘irrational, absurd or ridiculous’.
Examples
Examples of unreasonable or unlawful directions include:
Directing an employee to do something that breaches the law,
Requiring an employee to provide personal information that would breach privacy laws,
The direction violates law or an employee’s rights.
Examples of lawful and reasonable directions include:
Responding to poor performance,
Taking necessary disciplinary action,
Directing and controlling the way work is carried out and
Giving workers fair and constructive feedback on their performance.