An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair. » more »
An employee suffered a psychological injury after a "finger pointing incident" at work and was entitled to compensation, a tribunal has found. » more »
An employer that retroactively capped an "over-performer's" commission when she achieved sales more than five times her target has failed in its appeal against a $370k damages award. » more »
Transferring an employee to a site she perceived as a "dumping ground" after she reported being s-xually assaulted by a colleague exacerbated her psychological injury, a commission has ruled. » more »
A labour hire employee who delayed making an unfair dismissal claim because he worried it would harm his employment prospects with the host organisation has lost his appeal for an extension of time. » more »
An employer that sacked a worker after an insurance application alerted it to medical issues has been ordered to pay him more than $60k in compensation for unfair dismissal. » more »
An employee's failure to involve HR in a misconduct investigation she had complaints about has undermined her claim that she was forced to resign. » more »
An employer that was unaware of an employee's significant mental health condition, which affected his work performance and relationships with managers, is not liable to compensate him for his injury. » more »
Placing a "fastidious" employee on performance improvement plans and telling her not to "moan" about a work issue did not amount to bullying, the Fair Work Commission has ruled. » more »
An employer that dismissed its 'worst salesperson' for failing to meet his targets acted unfairly because he received no formal, personal warnings, the FWC has found. » more »
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This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
