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.
An employer's misguided approach to addressing an "emotional" supervisor's performance issues could have caused even someone of "normal fortitude" to suffer a psychiatric injury, a court has ruled in ordering it to pay $300k in damages.
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
An employee who admitted to "a habit of speaking at length" has failed to prove he was put on a PIP due to his race, rather than his difficulties with communication and collaboration.
An employer was entitled to sack an employee for his "repeated poor performance, bad punctuality and unexplained absenteeism", but its procedural failings made the dismissal unfair, the Fair Work Commission has found.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
