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.
A tribunal has ordered an employer to pay compensation for a psychological injury, after an employee with underlying sensitivities was "worn down" by unnecessary and stressful meetings with her manager.
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.
An employer has successfully challenged its liability for an employee's psychological injury, arguing its alleged failure to act on bullying complaints was irrelevant to the claim.
A Fair Work Commission full bench has affirmed that an employee's secret recording of a disciplinary meeting should not be admitted as evidence in his unfair dismissal dispute.
An employer has failed to prove its overtime changes, which caused a worker's psychological injury, were an 'administrative action' that should preclude it from compensating her. Also in this article, new cases on bullying, employee deception, redundancy and more; pay growth predictions for 2020...
A tribunal has ordered compensation for an employee who suffered a psychological injury after reviewing records of workplace bullying and harassment she experienced 10 years earlier.
An employee who was "committed and achieving" at work has failed to prove, some years later, that he was developing a compensable psychological injury at the time.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
