Summary
- Employers in Australia can only direct employees to follow instructions that are both lawful and reasonable in the circumstances.
- An employee may lawfully refuse a direction that is unlawful, unsafe, or clearly unreasonable.
- Whether a direction is reasonable depends on factors such as the employment contract, workplace policies, and the nature of the instruction.
- This article is a plain-English guide for Australian business owners on the legal requirements governing lawful and reasonable directions in the workplace, prepared by LegalVision’s business lawyers.
- LegalVision, a commercial law firm, specialises in advising clients on employment law matters.
Tips for Businesses
Review employment contracts and workplace policies regularly to ensure directions given to staff have a clear contractual or statutory basis. Document instructions where possible. When issuing a direction, consider whether it is proportionate, work-related, and consistent with applicable laws, including work health and safety obligations.
Employers can direct employees as part of the everyday running of a business, and employees have an implied duty to comply. However, that duty only applies where the direction is both lawful and reasonable. This article sets out the meaning of a lawful and reasonable direction and provides some practical examples.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
What is a Lawful and Reasonable Direction?
A lawful direction is a direction that relates directly to the employee’s employment. That is to say, you are not directing the employee to do something that is:
- not within the course of their employment; or
- illegal, such as engaging in discriminatory behaviour.
On the other hand, a reasonable direction depends on the specific circumstances. Some factors that may come into play when determining if a direction is reasonable are:
- the employee’s role, skills or qualifications;
- policies and practices in the workplace and industry; and
- the terms of their employment contract, relevant modern award or enterprise agreement.
What Are Some Examples of Lawful and Reasonable Directions?
Some examples of lawful and reasonable directions include asking an employee to:
- attend an important training session that directly relates to their job;
- arrive to work on time after repeatedly arriving late;
- undergo a medical examination to assess fitness for work;
- adhere to a workplace dress code;
- comply with work health and safety laws; and
- provide a medical certificate when on personal leave due to illness.
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What Can I Do if an Employee Refuses a Direction?
An employee must comply with any lawful or reasonable direction from their employer. If they wilfully ignore such direction, this could be cause for disciplinary action. Depending on the circumstances, this may warrant a disciplinary meeting, verbal warning, written warning or termination.
However, it can be helpful to have standard directions set out in workplace policies. For example, you can include requests for medical certificates and rules around the company dress code in an easily accessible workplace policy.
Key Takeaways
As an employer, you should be aware that your employees are legally obligated to comply with a lawful and reasonable direction. If they refuse such direction, you may want to take disciplinary action, which can result in termination of employment.
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Frequently Asked Questions
Unfortunately, there is no black-and-white answer to what is a lawful and reasonable direction, as it depends on the circumstances. Generally, the direction must concern employment and cannot contravene any laws. Some factors that may come into play when determining if a direction is reasonable are the employee’s role, workplace policies and the terms of their employment agreement.
An employee must comply with any lawful or reasonable direction from their employer. If they wilfully ignore a lawful and reasonable direction, this could be cause for disciplinary action.
Yes, employees can refuse directions that genuinely place them at risk of harm under work health and safety laws.
Yes, but only if the overtime is reasonable and consistent with the employment contract or applicable modern award.
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