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.
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.
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.