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.
Poor attendance at work and refusing to correct behaviour wasn't "sufficiently serious" to warrant a manager's dismissal, the Fair Work Commission has ruled in awarding him 16 weeks' compensation.
An employee wasn't "taken by surprise" when told he'd failed a performance review, a commission has ruled, finding his deficiencies were "well documented" and his employer's processes were reasonable.
In sacking a worker for 'underperformance', an employer wrongly relied upon contractual terms that had no "force or effect", the Fair Work Commission has ruled.
An employer that raised performance concerns with an employee on multiple occasions has failed to defend its decision to sack him, with the Fair Work Commission finding the issues weren't "overly serious".
Employers are being urged to regularly review their control measures in performance management processes, to reduce their risk of workplace psychosocial hazards and workers' compensation claims.
Raising performance issues with an employee on her first day back from an extended period of mental health leave caused her psychological injury, a commission has found.
Accusing a long-serving employee of being "incapable" of performing his role and requiring him to work in the office more than others wasn't bullying, the Fair Work Commission has found.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Watch this HR Daily Premium webcast to minimise your legal risks while maximising your performance outcomes.
An HR director failed to appreciate the significance of an employee being called a "moron" at work, when she said such "robust interactions" were to be expected when discussing performance and deadlines, a commission has ruled in psych injury proceedings.
