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.
"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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
