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.
A manager "misconceived" a reduction in her duties in a negative light when in fact her employer was offering support to overcome challenges in her role, the Fair Work Commission has found in constructive dismissal proceedings.
Questioning an employee's ability to meet work demands didn't amount to bullying, the Fair Work Commission has ruled, despite finding it was "borderline unreasonable" for an employer to ignore his repeated complaints about his workload.
An employee who resigned four times in two days could not simply argue her actions were "a sudden and out of character brain snap", the Fair Work Commission has found in rejecting her constructive dismissal claim.
It's wise to expect defensiveness when preparing for a performance conversation, and certain strategies help keep the discussion on track, a communications expert says.
In failing to respond to "very detailed" accusations about belittling an employee and increasing her workload, a manager has undermined an employer's psychological injury defence.
An employer was entitled to summarily dismiss an employee who "openly defied" its reasonable directions and refused to participate in a performance plan, the Fair Work Commission has found.
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.
