Managing underperformance (147 items)

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.

It wasn't reasonable to require an employee to "identify feelings within himself and how they may present in others" as part of a performance improvement plan, the Fair Work Commission has ruled in unfair dismissal proceedings.

Dismissing an employee over the phone before the end of his performance improvement plan was fair, the Fair Work Commission has found, in circumstances where he hadn't ever met his sales targets.

An employer has failed to overturn a reinstatement order for an employee it sacked for disregarding lawful and reasonable directions.

Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.

What constitutes reasonable action in a performance management scenario is illustrated well in a recent Fair Work Commission decision, a workplace lawyer says.

A talent acquisition partner complained an HR team was bullying him to "deflect criticism of his clear underperformance", the Federal Circuit Court has found.

Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.