Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.
An HR business partner's "damning assessment of morale and employee relations" in a senior manager's team was the final straw that prompted his dismissal, the Federal Court has found in redetermining a long-running adverse action case.
An employer has lost its dispute over liability for a psychological injury, with a tribunal accepting workload issues and a lack of support were the cause, rather than stress resulting from the employee's physical health problems.
A sacked employee wasn't "up to the job", according to his employer, and his role was no longer required, but the Fair Work Commission has ruled his dismissal was nonetheless unfair.
Amid widespread concerns that managers are avoiding difficult processes due to psychosocial safety fears, a lawyer warns that this approach can actually increase the risk of claims.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
Ever-increasing psychological injury claims mean employers are now at a "critical juncture", needing leaders to step up their management of challenging workplace situations. This webcast unpacks the concept of reasonable management action and outlines best-practice ways to approach difficult processes.
A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
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.
