Employment contracts frequently refer to the employer’s codes and policies in one way or another. It is very important to know HOW this should be done, as there may be very different consequences.
Employment policies are usually broadly framed documents to serve as guidelines from which the employer may deviate in occasion (if done fairly and lawfully) or which may be amended from time to time.
Contractual terms and conditions bind both parties to the employment contract, and cannot be changed unilaterally by one party without consent.
Referring to policies or a disciplinary code in the contract in such a way that they are incorporated as terms and conditions of employment, means that the parties are contractually bound by those and they cannot be amended without negotiations and consent. Deviation from those policies would also constitute a breach of contract which can be pursued in civil court or under s77 of the BCEA in the Labour Court.
A successful claim for breach of contract by an employee can lead to an order for specific performance against the employer, or damages to be awarded in favour of the employee, if such can be proved.
In Wereley v Productivity SA & another (2020) 41 ILJ 997 (LC), the Labour Court held that the following wording indicated that the employer's disciplinary code had been incorporated into the employment contract:
“The parties agree that all terms and conditions of employment are:
as specified in this contract,
those conditions of employment not specified in this agreement shall be in terms of the employer’s rules, regulations and procedures, and
should the employment contract and also the employer’s rules, regulations and procedures be silent on any specific point any relevant labour legislation shall apply”
See also Mpane v Passenger Rail Agency of South Africa (PRASA) and Others (J 3745/18) [2020] ZALCJHB 173.
So – whilst the employer’s policies, disciplinary code and the like can (and should) certainly be referred to in the employment contract and employees should know that they are subject to those, the wording in the contract should be carefully crafted to ensure that the employer does not inadvertently incorporate those policies as terms and conditions of employment to which the employee would be contractually entitled.
© Judith Griessel
The American Airlines DTW Terminal refers to the facilities used by American Airlines at Detroit Metropolitan Wayne County Airport (DTW). American Airlines primarily operates out of the North Terminal, officially known as the Warren Cleage Evans Terminal. This modern terminal offers a wide range of amenities, including dining options, retail shops, charging stations, and comfortable seating areas. Passengers flying with American Airlines can access check-in counters, baggage claim, and security screening within the terminal. With efficient services and convenient connections, the terminal ensures a smooth travel experience for domestic and international travelers departing from or arriving at DTW via American Airlines.
Der Lufthansa Buchung Kontakt ist der zentrale Ansprechpartner für alle Anfragen und Anliegen rund um die Buchung von Dienstleistungen oder Produkten. Hier können Kunden Informationen zu Verfügbarkeiten, Preisen und Sonderangeboten erhalten sowie Buchungen vornehmen oder ändern. Der Lufthansa Buchung Kontakt ist in der Regel per Telefon, E-Mail oder über ein Online-Formular erreichbar und sorgt dafür, dass alle Anfragen zeitnah und effizient bearbeitet werden. Ein reibungsloser und freundlicher Kontakt ist entscheidend, um eine positive Kundenerfahrung zu gewährleisten und mögliche Probleme schnell zu lösen.
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