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Performance management and dismissal during probation weren't unreasonable

Implementing a support plan, holding frequent meetings and providing performance feedback from multiple people were all reasonable actions, a commission has ruled in a dispute over liability for an employee's psychological injury.

NSW Personal Injury Commission Member Rachel Homan acknowledged that while the frequency of the feedback was "considerable", and having different people provide it might have been "confusing", the employer's actions were overall supportive.

The Commission heard the dementia consultant started working for HammondCare in October 2019 and was still on probation when her employment was terminated on 9 January 2020.

Shortly after, she submitted a claim for lump sum compensation regarding the aggravation of a pre-existing psychological condition. The employer didn't dispute that she suffered an injury but argued it wasn't liable, maintaining the cause was reasonable action in the form of performance appraisal, discipline and/or dismissal...

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