Browsing: Performance management


Irony heaped upon irony in unfair treatment of HSR: FWC

A major employer has been ordered to reinstate a health and safety representative dismissed for swearing at his supervisor over a controversial safety issue, and slammed for its inaction on mental health.


Stern "informal" counselling caused psych injury

A commission has cautioned employers against doing away with procedurally fair processes when managing incidents deemed less than serious, in finding an employer caused a worker's injuries by not giving her a proper opportunity to respond to a complaint involving a police officer.


Surprise feedback visits didn't cause compensable injury

A bank executive with psychological injuries has unsuccessfully claimed: his manager unreasonably conducted unannounced "skip level" meetings to discuss his management style with his staff; and he was treated poorly after being accused of calling a second manager a "hag" at a work trivia night.


Injured worker's unfair-rating claim gets second chance

A worker with a psychological condition was denied natural justice in a case examining his claim that his manager acted unreasonably by informing him, prior to the completion of his performance review, that he was going to receive a poor rating, a judge has found.


Hasty redundancy process injured worker

An employer has been found liable for a worker's psych injury because it "blindsided" him with a redundancy meeting shortly after he returned to work from long-term sick leave, during which he was induced to believe his job was secure.


Employer not liable for occupational assessment remarks

An occupational physician's comment to a worker that he might be made redundant was not work-related and his employer was not liable for any consequential mental injuries, a tribunal has found.


Unreasonable pressure to attend meeting caused injury

A manager and an HR adviser unreasonably rejected a worker's request to delay a meeting on his performance so he could have his preferred support person with him, a tribunal has ruled in finding his employer liable for his psych injury.


"Limited" inappropriate behaviour fell short of bullying

Two managers engaged in some forms of inappropriate behaviour against a worker but these were "limited and minor in nature" and did not constitute workplace bullying creating risks to health and safety, a commission has found.


Yelling is never reasonable management action: judge

A major employer has been found liable for a worker's psychological disorder, with a commissioner stressing that the tone and demeanour of managers will always be relevant when determining whether their actions were reasonable.


Employer slammed for approach to RTW and sick leave

A major government employer's attempt to return an injured worker to full duties was an "abject failure" that caused the man to suffer mental injuries, a tribunal has found. It found the employer misapplied an independent medical examination report in its "unyielding" efforts to deny the man sick leave.

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