A long-term underperforming employee has won a psych injury appeal, arguing the performance management process she was on for more than three years lacked clear expectations and timeframes.
It was unreasonable to expect an employer to fashion a role around an injured employee's incapacities, and despite its ineffective communication, her dismissal was nonetheless fair, a commission has ruled.
A manager's "ferocious texting" during work hours made it "impossible to believe" she did any work at all, the Fair Work Commission has chided in rejecting her unfair dismissal claim.
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The issues that triggered an employee's performance management should have instead prompted "proactive and practical training", a tribunal has found in awarding compensation for a psych injury.
An employee has failed to prove that she should have been redeployed into one of several available roles in her employer's associated entities when it was deciding whether to make her role redundant.
Three employees have failed to prove an employer breached their enterprise agreement when failing to consult about its COVID vaccination requirements or offer them alternative work arrangements.
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