"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.
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.
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.
