Managing underperformance (134 items)

An employee made "unparticularised, untrue and potentially defamatory allegations" against her manager in a bid to stop her performance management process, the Federal Circuit Court has found.

An employee has failed to prove criticisms of his performance were "misconceived", with the Fair Work Commission finding his dismissal was fair, even though elements of his performance improvement plan were questionable.

Ongoing punctuality and performance issues gave an employer valid reasons to dismiss an employee, but its process was flawed because she had to respond to them "on the spot", the Fair Work Commission has found.

Premium news wrap: HR wrongly blamed for common management failing; compliance-based training won't fix culture; and more.

Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.

An employee who saw negative feedback as a "fallacious, malicious and libellous" attack on her reputation is not entitled to compensation for a psychological injury, a commission has found.

A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.

HR's role in a performance review and management process was "worthy of scrutiny", the Fair Work Commission has noted, in ordering an employer to reinstate a senior employee.

The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.

An employer's defence to an employee's psychological injury claim has been undermined by evidence that he was exhibiting signs of stress before it decided to investigate his work practices.