The Fair Work Commission has rejected that an employee's poor attitude and failure to meet KPIs warranted dismissal, and ordered his reinstatement with continuity of service and backpay.
An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.
It was reasonable to direct an employee to attend an independent medical examination due to suspicions her unsatisfactory performance was caused by an ongoing medical condition, a commission has ruled.
Having one member of a small team repeatedly fail to meet project timelines was "a situation that any business would need to address", the Fair Work Commission has noted in rejecting an employee's stop-bullying claim.
An underperforming employee has failed to prove he was forced to resign, with the Fair Work Commission accepting his manager was genuinely trying to "get the best out of him".
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
An employee has failed to prove that he was threatened with performance management and a role transfer because of his work-related injury, with a tribunal finding managers were just giving him "helpful suggestions".
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.
