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Court draws distinction between "feedback" and performance management

Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.

In providing the feedback, the manager was trying to work through the employee's "somewhat idiosyncratic communication style", Justice Jane Needham found.

The case involved an Australian Public Service Commission assistant director, who worked on the culturally and linguistically diverse (CALD) employment strategy taskforce.

She lodged a non-dismissal general protections dispute earlier this year, arguing the employer took numerous adverse actions against her because she made 18 complaints or enquiries about her employment...

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