With Easter fast approaching, employers need to be clear about how to pay employees who work over the Easter break, when they can request a employee to work over the period, and when an employee can refuse the request.
Easter public holidays in 2025
The manager was employed at a luxury resort at Lizard Island.
Frustrated at attempts to get clarification of pay entitlements for on-call work, he sent the employment contracts for himself, another current employee, and a former employee, by email to a friend outside the employer’s business, for advice about entitlements to payment for on-call work.
The friend replied advising that the manager’s contract included terms by which he does not receive further remuneration for being on-call or for working reasonable additional hours, and that in those respects the other contracts have similar terms.
The employer’s data privacy team identified the email by an automated security system alert, and the manager’s emails were investigated. The employer issued the manager with a letter alleging breaches of the company’s Employee Records Policy and Code of Conduct and gave him an opportunity to respond.
The employer’s policy required employees with access to employee records to only use employee records to the extent necessary for performing their duties, and to not communicate their contents unless the recipient is also authorised to access them.
The manager said that he was aware of the Code of Conduct and acknowledged having undertaken a training session about it earlier in the year, describing it as a “5-minute video that I skipped over”.
He admitted that his email included the contract of a former employee who was not aware that the contract was sent.
His employment was terminated for serious misconduct. He applied for unfair dismissal.
The Decision
The Commissioner dismissed the application, observing that:
“[The Manager] chose not to properly read the… Code of Conduct and Employee Records Policy. It was within his capacity to do so, but he chose to skip over these important documents; he did so at his peril…
I find that [the Manager] was not acting in his employer’s best interests when he sent [the former employee’s] employment contract to Mr O’Hara without permission of the Respondent. He did so in breach of the Respondent’s policies… [and] I am satisfied this is a valid reason for the dismissal.”
The Commissioner was also satisfied that the employer had followed a fair process in the dismissal.
Implications
The case is a reminder of the importance of workplace policies and providing training in them.
Employers should review their workplace policies and employment agreements to ensure that confidentiality obligations are clearly stated, including for employment records.
Employees are reminded that their primary responsibility is to their employer, and they should be careful to understand the employer’s policies and expectations for the use of information. Although the Fair Work Act has some protections for an employee’s use of their own employment information, that is a limited protection.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.
Some more information is available here or you can book an initial no-obligation chat online to review an employment contract or contractor agreement.