A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
As awareness of psychosocial risks continues to grow, more employers are considering how they can better support the subjects of workplace investigations and performance management, a conflict specialist says.
An employee who held a "fundamentally different view" of his performance to that of his employer has lost his unfair dismissal claim, with the Fair Work Commission finding he was given "multiple opportunities" to improve.
An employer's "abrupt" dismissal of a poor performing employee, after finding he "wasted" seven hours browsing non-work-related websites, was procedurally deficient, the Fair Work Commission has ruled.
An employer has failed to prove that it did not bully or intimidate an employee into signing a performance management plan, with a commission upholding his psychological injury claim.
An employer unfairly dismissed an employee after "misunderstanding" his performance requirements and its own workplace procedures, a tribunal has found, however it declined to reinstate him due to his "manipulative" behaviour.
It's natural to find managing underperforming employees difficult, but in some cases leaders start to let their emotions "tinge" their interactions with revenge, a psychologist warns.
An employer acted lawfully in refusing to offer further shifts to an employee, who was accused of at least 10 separate instances of poor performance or misconduct in the space of a month, the Federal Circuit Court has ruled.
Regularly questioning an employee about why he wasn't completing his assigned tasks amounted to bullying and harassment, and caused his psychological injury, a commission has ruled.
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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
