The Fair Work Commission has upheld an employee's unfair dismissal claim despite "some level of underperformance". Also in this article: new cases on 'reasonable management action', workplace investigations gone wrong, redundancies and more.
An employee suffered a psychiatric injury as a result of a 15-minute "catch up" meeting, but while the manager's approach wasn't "perfect", it was not unreasonable, a commission has ruled.
Urgency drives how work is done and it can help to get more done faster, but often causes inefficient use of time and resources, says a productivity expert.
Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer.
An employer did not have an "unfettered right" to sack an employee for performance issues simply because she was still on probation, the Fair Work Commission has ruled.
An employer whose warning letters to an underperforming employee were so positive that she claimed to have been unaware her employment was at stake has successfully defended an unfair dismissal claim.
Even when avenues for improvement appear to be exhausted, it's crucial to follow a procedurally fair process when dismissing an employee for poor performance. In this webinar, an employment lawyer shares guiding principles around terminating for underperformance.
Remote work has passed the honeymoon phase for many employees, who are now struggling with their work/life integration, according to an HR vice-president at Gartner.
An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action 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.
