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.
An employee who made numerous bullying and harassment complaints about a manager during her seven weeks of employment has failed to prove she was unlawfully sacked.
An employer had a valid reason to sack an employee who continuously underperformed in his role and caused it "significant" financial loss, the Fair Work Commission has ruled.
An employee has failed to block a six-month pay reduction and a year-long ban from performing higher duties, after a commission found she lacked "real insight" into her problematic communication style.
The Fair Work Commission has chastised an employer for treating a long-serving manager "with disdain", but has stopped short of finding its conduct was aimed at ending his employment.
An organisation-wide performance assessment was a "stressful exercise" for participating employees, but it was nonetheless "necessary", and reasonable, a tribunal has found in rejecting a psychological injury claim.
