If an employer had provided "meaningful support" to improve a new manager's performance, it likely wouldn't have sacked him, the Fair Work Commission has commented in ordering maximum compensation for unfair dismissal.
Sacking an employee at a meeting that he'd been told would discuss "performance concerns" didn't constitute a fair process, the Fair Work Commission has ruled.
Even if a senior manager objected to a proposed secondment, he wasn't exercising a workplace complaint or enquiry, so his dismissal wasn't unlawful adverse action, the Federal Circuit Court has ruled.
Most employers know how to identify underperformance, but case law suggests far fewer know how to address it safely, fairly and effectively every time.
Requiring an employee to adhere to her performance improvement plan "to the letter" was "so lacking in fairness and flexibility" that it wasn't objectively reasonable, a commission has ruled in psychological injury proceedings.
Management actions that weren't conducted reasonably were different enough not to be considered 'repeated behaviour', a commission has ruled in stop-bullying proceedings.
When managers take a disciplinary approach to the first signs of poor performance, they set an unnecessarily adversarial tone that can lead to "all sorts of messes", an HR consultant warns.
Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
