A ruling that an employee's performance-based dismissal was unfair contained numerous errors, a full bench of the FWC has found, in clarifying what constitutes "harsh" under the Fair Work Act.
An employer dismissed a worker for unsubstantiated performance issues, without proper warning, and denied him an opportunity to respond, the Fair Work Commission has found.
It wasn't unfair or harsh to dismiss an underperforming HR administrator who had received numerous warnings and offers of support, the Fair Work Commission has ruled.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
Failing to let an employee comprehensively respond to performance concerns she considered "unjustified" was unreasonable, a commission has ruled in upholding her psychological injury claim.
A manager's dismissal for poor performance was "unnecessarily abrupt", the Fair Work Commission has found, particularly as he was led to believe he was "on track" to meet his PIP objectives.
An employee, who alleged managers bullied her during a performance management process, has failed to secure interim orders blocking her dismissal until the conclusion of her stop-bullying claim.
An employer has defended dismissing an employee whose performance figures were improving, with the Fair Work Commission finding the quality of his work was his downfall.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
