Questioning an employee's ability to meet work demands didn't amount to bullying, the Fair Work Commission has ruled, despite finding it was "borderline unreasonable" for an employer to ignore his repeated complaints about his workload.
An employee who resigned four times in two days could not simply argue her actions were "a sudden and out of character brain snap", the Fair Work Commission has found in rejecting her constructive dismissal claim.
It's wise to expect defensiveness when preparing for a performance conversation, and certain strategies help keep the discussion on track, a communications expert says.
In failing to respond to "very detailed" accusations about belittling an employee and increasing her workload, a manager has undermined an employer's psychological injury defence.
An employer was entitled to summarily dismiss an employee who "openly defied" its reasonable directions and refused to participate in a performance plan, the Fair Work Commission has found.
Poor attendance at work and refusing to correct behaviour wasn't "sufficiently serious" to warrant a manager's dismissal, the Fair Work Commission has ruled in awarding him 16 weeks' compensation.
An employee wasn't "taken by surprise" when told he'd failed a performance review, a commission has ruled, finding his deficiencies were "well documented" and his employer's processes were reasonable.
In sacking a worker for 'underperformance', an employer wrongly relied upon contractual terms that had no "force or effect", the Fair Work Commission has ruled.
An employer that raised performance concerns with an employee on multiple occasions has failed to defend its decision to sack him, with the Fair Work Commission finding the issues weren't "overly serious".
Employers are being urged to regularly review their control measures in performance management processes, to reduce their risk of workplace psychosocial hazards and workers' compensation claims.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
