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.
The consequences of dismissing or mismanaging employees' emotions can be "catastrophic" for organisations, but when leaders recognise and properly handle them, "teams achieve remarkable things", an executive coach says.
After already receiving a final warning and being placed on a performance improvement plan, an employee's failure to complete a crucial task made his dismissal valid and fair, according to the Fair Work Commission.
A novel psychosocial safety prosecution puts employers firmly on notice about their legal obligations and the need to manage risks arising from common processes.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
