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.
An employer with "unrealistic expectations" of a management role has been ordered to pay maximum compensation to an employee it unfairly dismissed for poor performance.
An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.
A commission has rejected that weekly meetings with a probationary employee were a "performance appraisal" that exempted an employer from liability for his psychological injury.
A worker has failed to block a performance improvement plan designed to address her "pattern of disregard" for supervisors, with a commission finding the action "fair and reasonable".
The friction caused by differing management styles and incompatible personalities in the workplace doesn't constitute bullying, the Fair Work Commission has ruled in stop-bullying proceedings.
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.
