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.
A "competent" employee was unable to meet the requirements of his role due to an "unfortunate coincidence of circumstances", the Fair Work Commission has found, while upholding his dismissal as fair.
Clear expectations, regular feedback and fair processes protect both employees and employers when it comes to managing performance. Watch this HR Daily Premium webcast to ensure your practices are keeping pace with what courts and commissions consider reasonable.
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.
