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.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
