Employers have the right to set the ethical, professional and operational standards for their workplaces. Not only is that well within their management rights, it is the cornerstone of good governance. Courts across the country have recognized that having a scheme of workplace policies is critical to the maintenance of a properly functioning work environment.
It is common for employers to circulate codes of conduct, workplace policies, or employee handbooks without providing any discussion or training. Often this is done via email where the employee can simply skip to the bottom of the document and move on without having read a single line. Docusign files, in which the policy can be difficult to read, are even worse. This review-at-your-leisure approach leaves open questions.
An employer is able to revise or update such policies so long as the changes are reasonable and do not constitute a substantial change to the terms of employment. Where an employer is looking to implement new policies that may constitute a substantial change, the employer should provide something of value in exchange for the employee’s adherence to the new terms or risk facing a constructive dismissal claim.