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.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
