A large employer failed to approach "high-level tension" with the appropriate level of structure for a conflict that went beyond reasonable management action, a commission has ruled.
The Fair Work Commission has rejected arguments that an employer could avoid paying a sacked manager in lieu of notice because he was receiving workers' compensation at the time.
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.
The Fair Work Commission has accepted that an employer dismissed a manager for being unable to perform the inherent requirements of her role, after she requested workplace changes that were more akin to "outcomes" than reasonable adjustments.
A Federal Court full bench has labelled a senior employee's "romantic" pursuit of a colleague as "conduct of the most reprehensible kind", in dismissing his appeal against a $170k damages order.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
