"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.
A performance improvement plan gave an employee "ample" opportunity to demonstrate better workplace communication, but she "missed it by a mile", a commission has ruled in upholding her dismissal.
It's natural for managers to have "some confusion and fear" about delivering performance feedback, and employers have more work to do in reframing workplace views about psychological safety, a specialist advisor says.
A disclosure of mental health issues shouldn't necessarily stop a manager from holding an underperforming employee to account, but the approach they take might need to change, a conflict specialist says.
Rude and unprofessional behaviour towards customers, which persisted despite warnings and performance coaching, provided a valid reason for an employee's dismissal, the Fair Work Commission has found.
"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.
The Fair Work Commission has sided with an employer that sought to reduce the time an employee worked from home, saying it's expected that management will "take reasonable measures to ensure that staff are providing the value for which they are paid".
In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.
Increasing disclosures of mental health and neurodivergent conditions in the workplace mean it's never been more important for employers to respond appropriately. Watch this Q&A to understand employees' rights and obligations, and how to move towards best practice in this space.
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
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.
