Managing underperformance (153 items)

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.

In stop-bullying proceedings, an accepted compensation claim for a psychological injury doesn't constitute proof that unreasonable management action has occurred, according to the Fair Work Commission.

It was "heavy handed" to frame an employee's error as a conduct rather than performance issue, the Fair Work Commission has ruled.

A manager held concerns about an employee's performance "well before" he complained about micromanagement, the Federal Circuit Court has accepted, in dismissing an adverse action claim.

An employee who claimed he suffered a psychological injury after performance feedback from his supervisor has failed to convince a tribunal that her behaviour amounted to unreasonable action.

An employer's "textbook" performance management process has helped it defend an unfair dismissal claim, with the Fair Work Commission rejecting the employee's claims that system errors and team-wide backlogs explained his shortcomings.

Although an employee became "disillusioned" during her performance management, the process was fair, and she had options other than agreeing to terminate her employment, the Fair Work Commission has found in rejecting her unfair dismissal claim.