An employee who claimed he had no choice but to quit after being placed on repeated performance improvement plans has lost his unfair dismissal claim, with the Fair Work Commission finding his employer took "reasonable steps" to support him.
"Ongoing" performance monitoring, along with a team leader's management style and a heavy workload, caused an employee's psychological injury, a commission has ruled in rejecting an employer's 'reasonable action' defence.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
Managers are now noticeably more reluctant to take action that might pose a psychosocial hazard, but holding back can create a "much worse" problem, a workplace lawyer warns.
It was "extremely unfair" for an employer to rely on historical – and resolved – performance issues when dismissing an employee, the Fair Work Commission has ruled in awarding him maximum compensation.
A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.
An employer has been criticised for not dismissing an employee when it was a "viable option" and instead undertaking a "misguided" performance management process that contributed to a psychiatric injury.
A manager experienced "obvious frustrations" with an employee who was frequently absent, but a commission has rejected that he discriminated against her due to her caring responsibilities.
An employee who claimed he would "get exhausted" from working hard wasn't unfairly sacked for taking long breaks, with the Fair Work Commission finding his employer took a patient and "measured" approach to managing his poor performance.
An employer's "many failures" during a worker's probation period didn't outweigh her repeated performance errors and poor attitude, the Fair Work Commission has ruled in unfair dismissal proceedings.
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.
