Employers cannot exclude the possibility that instant dismissal of an individual employee for non-compliance with policy may, in particular circumstances, be harsh, unjust and unreasonable.

Government policy announced by the Executive after an agreement was made has no bearing on the proper construction of the agreement, which must be determined by reference to what the parties intended when they entered into the agreement.

Staff Guidelines that are presented as available procedures for selection depending on circumstances, rather than mandatory requirements, are not incorporated as contractual obligations.

Express promises made in a policy document by an employer should be regarded as express terms of the contract of employment. The document must be read fairly and reasonably; the employer must be accorded some discretion as to how it will deal with any particular management problem. However, the employer may be held liable in breach of contract where it can be shown that, on no view of its conduct, has it responded to a problem or complaint in the manner promised or assumed in a particular policy provision.

Where an employment contract contains express promises about behavioural standards reflecting the firm's values and culture, and the employer provides mechanisms for resolving problems, it must be held that the employer has undertaken legally enforceable obligations in relation to those behavioural standards.

A breach of a policy or contractual term will be sufficient to justify termination and amount to a valid reason unless the policy in question was illegal, does not relate to matters subject to the employment relationship, or is unreasonable.

Where a contract either expressly or by implication provides that an employee agrees he or she may be transferred to another location, then other employment at a different location may be found acceptable notwithstanding the need to relocate or undertake additional travel to and from work.

An employee's denial of a written warning does not negate the employer's reliance on it. The purpose of a warning is to demonstrate the seriousness with which an employer regards an employee's performance and conduct, with a view to altering it.

An employer is entitled to have regard to the previous conduct of an employee when considering whether to retain them in employment, and the employee's disciplinary record may be referred to when considering whether a further breach of misconduct should bring about dismissal.

An employee bound by employer policies has a legitimate expectation that the employer will comply with its obligations under those policies, particularly where procedural rights are contained in government policies or employer-published procedures.

A departure by an employer from its own published policies and procedures, while not rendering a decision ultra vires as a matter of administrative law, must be regarded as unfair in an industrial sense, particularly where such policies impose mandatory obligations expressed in terms such as 'must' and 'cannot be'.

An implied term of trust and confidence in an employment contract is breached where an employer fails to make reasonable adjustments for a disability known to it, or imposes leave obligations on an employee without proper notification or consultation.