Lawful And Reasonable Directions In The Workplace: What Australian Employers Need To Know About Directions To Work

Giving clear directions is part of running a business. But in Australia, it’s not just a management skill - it carries real legal weight.

As an employer, you can ask employees to do many things in the ordinary course of work. The key is that your directions must be both lawful and reasonable. When you get this right, you’ll reduce disputes, support performance, and keep your workplace safe and compliant.

In this guide, we’ll explain what “lawful and reasonable directions” actually mean, how the concept works in practice, and what to do if an employee refuses a direction. We’ll also share practical steps and key documents that make directions easier to implement.

Let’s walk through the essentials so you can issue directions confidently - and protect your business as you grow.

What Are “Lawful And Reasonable Directions” In Australia?

“Directions to work” are instructions you give an employee about how, when, or where they should perform their duties - for example, to attend a toolbox meeting at 8am, follow a safety procedure, or work from a particular location.

In Australia, the duty to follow lawful and reasonable directions primarily arises from the employment contract and the common law (an implied duty that employees obey such directions). This sits alongside your broader legal obligations, such as work health and safety and anti-discrimination laws. It’s not that the Fair Work Act 2009 (Cth) creates a general duty to obey directions; rather, the Act provides protections and remedies (like unfair dismissal and general protections) that may be relevant if a dispute arises about directions.

At a high level, a direction will generally be “lawful and reasonable” if it:

• Falls within the scope of the employee’s role and employment contract.
• Doesn’t require unlawful conduct or a breach of policy or law.
• Is appropriate in the circumstances (for example, fair in timing, workload and impact).
• Respects other rights and obligations (such as anti-discrimination and safety).

It’s helpful to think about directions alongside your duty of care to provide a safe workplace - your instructions should support safety, not undermine it. You can read more about an employer’s duty of care and how it applies day to day.

When Is A Direction “Lawful” And When Is It “Reasonable”?

Lawfulness and reasonableness are related but distinct. Both must be satisfied.

What Makes A Direction Lawful?

A direction is likely lawful if it:

• Does not require the employee to break a law (for example, to work in unsafe conditions contrary to WHS requirements).
• Aligns with the contractual duties and the enterprise instrument, if any (award or enterprise agreement).
• Fits within your policies and procedures that are validly made and communicated to staff.
• Does not involve discrimination, victimisation, or adverse action based on protected attributes or workplace rights.

Example: You can instruct a retail employee to follow incident reporting procedures or a warehouse employee to complete manual handling training. But you can’t instruct an employee to ignore safety protocols, falsify records, or work unpaid where laws or industrial instruments require payment.

Note: If you need additional hours, check the relevant award or agreement. Overtime and penalty rates often apply, and directions to work additional time must still comply with maximum hours rules and entitlements.

What Makes A Direction Reasonable?

Reasonableness is assessed case by case. Relevant factors include:

• The nature of the role and the employee’s seniority, skills and experience.
• Whether the task falls within the employee’s usual duties (or is a minor, temporary variation).
• How much notice you gave and the impact on the employee’s personal circumstances.
• Your operational needs (for example, genuine client deadlines or safety issues).
• Whether the request is proportionate and not unnecessarily onerous.

Example: Asking a field technician to attend a nearby site due to a service issue is likely reasonable. Requiring an office employee to move interstate on 24 hours’ notice with no pressing business need is more likely to be unreasonable.

Reasonableness is a sliding scale - what’s reasonable during an emergency or safety incident may not be reasonable in routine operations.

Common Scenarios: Directions That Often Come Up (And Pitfalls To Avoid)

Seeing how the principles play out in real situations can help you decide what to do next time a tricky issue pops up.

Safety Rules And PPE

Directing workers to wear PPE, complete inductions, or follow incident reporting is generally lawful and reasonable. Ensure your instructions are consistent, clearly communicated, and supported by training. This is a classic example of directions that go hand in hand with safety and your duty of care.

Location Changes And Travel

Directing an employee to work from another site or client premises is often lawful if travel is part of the role and the location is within a reasonable distance. Provide reasonable notice, consider personal circumstances (for example, caring responsibilities), and, where relevant, look at travel allowances in the award or agreement.

Rosters, Hours And Breaks

Employers can direct employees to work particular shifts within contractual and industrial parameters. Keep an eye on notice requirements, maximum weekly hours, and break entitlements. It’s helpful to review your obligations around employee rostering and practical rules around workplace break laws so directions align with those limits.

Importantly, where overtime or penalty rates apply, ensure you pay them. Directing unpaid overtime poses legal risks and can undermine whether a direction is considered reasonable in the first place.

Performance, Conduct And Training

It’s generally lawful to direct an employee to attend a team meeting, complete training that is relevant to their role, or comply with a new process that’s been rolled out with reasonable notice. If instructions form part of performance management, ensure your process is fair, consistent and documented.

Remote, Hybrid And Return-To-Office

Many roles can be performed remotely, but employers can often require on-site attendance if the role, contract or operational needs support it. Before directing a change (for example, moving from two remote days to full-time on-site), check what the contract says about location, give reasonable notice, consider flexible work arrangements where applicable, and ensure the reasons are sound and documented.

Leave And Notice Intersections

Directions can intersect with leave and notice entitlements. For instance, if an employee resigns and is working out their notice, you may still issue lawful and reasonable directions consistent with the role. For clarity around timing, it can help to revisit how resignation notice periods work in practice.

How To Issue Lawful And Reasonable Directions The Right Way

Good processes make directions easier to give - and easier to defend if challenged.

1) Ground Directions In Contracts And Policies

Start at the source: the employment contract. Check that it sets out duties, place of work, hours, and an obligation to follow lawful and reasonable directions. If you’re hiring or updating templates, a tailored Employment Contract will help align day-to-day instructions with an employee’s agreed role.

Policies should cover safety, conduct, IT and communications, and any key operational rules. For policies to support directions, they need to be lawful, accessible, and consistently applied.

2) Communicate Clearly (And Put Important Directions In Writing)

Verbal directions work for day-to-day issues, but for significant changes - for example, location changes, roster adjustments, or new compliance requirements - confirm in writing. Clear written instructions reduce misunderstandings and provide a record of what was required and why.

3) Sense-Check Lawfulness And Reasonableness

Before issuing a direction, ask:

• Is the request within the role and consistent with the contract or industrial instrument?
• Is it compliant with WHS, discrimination and privacy obligations?
• Would a fair-minded person think the timing and impact are reasonable, given the context?
• Have I considered notice, workload and personal circumstances where relevant?

If you’re unsure, seek early advice. A small tweak (for example, extra notice or a phased change) can make a direction much more defensible.

4) Consult And Consider Alternatives Where Appropriate

Consultation isn’t always legally required, but it is often good practice - and sometimes compulsory under an award or agreement (for example, major changes to rosters or hours). Meaningful consultation can surface solutions that meet both operational and personal needs.

5) Keep Records

Record the direction, the reason, any consultation, and the employee’s response. If issues escalate, contemporaneous notes and emails are valuable evidence of your approach.

6) Manage Pushback Professionally

If an employee raises concerns, listen and assess them. If the direction is still necessary, restate it clearly and set a reasonable deadline. Where non-compliance persists, use a structured process - such as a cautionary discussion or a formal letter - to set expectations. If you’re moving into formal steps, resources like show cause letters and a consistent performance framework can help you proceed fairly.

What If An Employee Refuses A Lawful And Reasonable Direction?

Refusal can be misconduct, but context matters. Work through these steps before you consider disciplinary action.

Step 1: Clarify And Reconfirm

Check that the employee understood the direction, why it’s needed, and when it applies. Confirm the consequences of ongoing non-compliance and invite them to share any barriers or concerns.

Step 2: Assess The Reasons For Refusal

Employees can refuse directions that are unlawful, unsafe, discriminatory or clearly unreasonable. Look for red flags such as safety risks, health issues, discrimination concerns, or a direction that is outside the employee’s role and contract. If any of these are present, reconsider or modify the instruction.

Step 3: Consider Reasonable Adjustments Or Alternatives

Sometimes a small variation (for example, extra notice, a different shift, or temporary reassignment) resolves the issue without impacting operations. Document any adjustments agreed and the timeframe.

Step 4: Follow A Fair Process If Non-Compliance Continues

If the direction is still not followed, you may move to formal steps such as warnings or other disciplinary action. Ensure the response is proportionate and procedurally fair. Having a structured performance process in place helps you apply consequences consistently and lawfully.

If you’re navigating an underperformance or conduct matter, a documented performance pathway - supported by evidence and clear communications - reduces legal risk and improves outcomes. Many businesses rely on a consistent performance management process for this reason.

Documents And Policies That Support Clear Directions

Well-drafted documents make day-to-day instructions easier to give and enforce. Consider the following:

• Employment Contract: Sets duties, location, hours, reporting lines and the obligation to follow lawful and reasonable directions. A tailored Employment Contract aligns expectations from day one.
• Workplace Policies: Clarify conduct, IT and communications, safety, social media, leave requests and more. Policies must be lawful, accessible and consistently applied to support any directions based on them.
• Staff Handbook: A central home for your policies and procedures (with acknowledgements that staff have read and understood them). A structured Staff Handbook helps you communicate rules clearly.
• Privacy Policy: If directions involve collecting or handling personal information (for example, training platforms or timesheet systems), ensure you have a compliant Privacy Policy and follow the Privacy Act 1988 (Cth).
• Safety Procedures: Documented safety procedures, inductions and reporting lines help ensure safety-related directions are clear and consistently implemented. Specific WHS policies and procedures will vary by industry and risk profile.
• Performance Framework: Templates for setting expectations, providing feedback, and addressing concerns (including caution letters or show cause processes) make it easier to manage non-compliance properly.

Not every business will need the same suite of documents, but most will need a core set that reflects their operations and industry risks.

Practical Tips To Keep Your Directions On Solid Ground

• Match the direction to the role. If you need regular flexibility from a role, build it into the contract and job description.
• Plan ahead. For changes to rosters, hours or location, give reasonable notice and consult where required under an award or agreement.
• Don’t rely on shortcuts. Directions that sidestep legal entitlements (like unpaid overtime when payment is required) are neither reasonable nor low-risk.
• Be consistent. Apply directions and policies evenly across employees in similar roles to avoid perceptions of unfairness or discrimination.
• Document the “why”. When there’s a dispute, a short note explaining the business rationale (client need, safety, operational necessity) goes a long way.
• Respect entitlements. Keep directions compatible with break requirements, maximum hours and flexibility rights - revisiting your break obligations and rosters helps prevent issues.

Key Takeaways

• Employees are generally required (under their contracts and common law) to follow directions that are both lawful and reasonable - these are two separate tests.
• Lawful means the direction doesn’t require illegal conduct, breach a contract or policy, or infringe other laws; reasonable means it’s appropriate in the circumstances, with fair notice and proportionate impact.
• Common directions include safety rules, location changes, rostered shifts, training and process updates - as long as they align with the role and legal entitlements.
• Unpaid work where payment is required, unsafe practices, or discriminatory treatment are red flags; such directions are unlikely to be lawful or reasonable.
• Issue directions the right way: ground them in contracts and policies, communicate clearly, consult where appropriate, and keep records.
• If an employee refuses, clarify the requirement, assess their reasons, consider adjustments, and follow a fair process if you need to escalate - tools like show cause letters can help.
• Strong foundations - a clear Employment Contract, practical policies, and a compliant Privacy Policy - make directions easier to implement and defend.

If you’d like a consultation on workplace directions or any employment law issues for your Australian business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.