What constitutes reasonable action in a performance management scenario is illustrated well in a recent Fair Work Commission decision, a workplace lawyer says.
A talent acquisition partner complained an HR team was bullying him to "deflect criticism of his clear underperformance", the Federal Circuit Court has found.
Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.
A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
An employee made "unparticularised, untrue and potentially defamatory allegations" against her manager in a bid to stop her performance management process, the Federal Circuit Court has found.
An employee has failed to prove criticisms of his performance were "misconceived", with the Fair Work Commission finding his dismissal was fair, even though elements of his performance improvement plan were questionable.
Ongoing punctuality and performance issues gave an employer valid reasons to dismiss an employee, but its process was flawed because she had to respond to them "on the spot", the Fair Work Commission has found.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
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