Browsing: Performance management


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.


Poor performance rating wasn't workplace bullying

The Fair Work Commission has denied anti-bullying orders to a worker claiming her supervisor unfairly assessed her performance and denied her work, causing her psych injury. The FWC found the worker "pushed back and resisted complying" with the supervisor's reasonable requests.


Safety complainer's aggression poses its own work risks

Workers are obligated to raise workplace health and safety issues but also to conduct themselves reasonably while doing so, a commission has stressed in the case of a worker claiming he was victimised and sacked for making safety complaints.


Safety complaints triggered injury-causing "saga"

A worker's reporting of serious safety issues led to a long "saga of workplace difficulties" that caused his psychological injury, a commission has found.

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