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Tag Archives: breach of policy

Breach of Policy or Breach of Employment Contact?

There have been a number of cases over the last couple of years concerning whether or not certain breaches of employment policies constitute a breach of contract, thereby enabling the applicant to seek compensation, usually in the form of monetary damages, for this breach.

In Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 (22 December 2014), the Court found that the relevant policy was more “aspirational” but the policy was still found to be a part of the employee’s contract of employment. This case concerned an email sent by Ms Romero that set out her concerns stating that she felt bullied by Captain Martin, her sea captain on a voyage. Continue reading Breach of Policy or Breach of Employment Contact?