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.
An employee who was absent for two years due to a work-related psychological injury was unreasonably sacked for not completing a performance improvement program, a commission has ruled.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
As awareness of psychosocial risks continues to grow, more employers are considering how they can better support the subjects of workplace investigations and performance management, a conflict specialist says.
An employee who held a "fundamentally different view" of his performance to that of his employer has lost his unfair dismissal claim, with the Fair Work Commission finding he was given "multiple opportunities" to improve.
An employer's "abrupt" dismissal of a poor performing employee, after finding he "wasted" seven hours browsing non-work-related websites, was procedurally deficient, the Fair Work Commission has ruled.
