Browsing: Performance management


Email allegations caused "horror" and injuries

An employer's act of emailing a worker allegations that she mismanaged COVID-19 protocols, just an hour before a disciplinary meeting, caused her "shock, horror and confusion", a commission has found, ruling the employer is liable for the psychological injuries she developed as a result.


Bullying claim fails, employer complied with WHS duty

An employer's decision to prevent a worker from attending his favoured worksite was not bullying, but informed by legitimate safety concerns over his behaviour, a commission has found in rejecting his bid for anti-bullying orders.


Senior manager denied damages over performance meeting

An employer's common law safety duties to workers do not extend to rigidly abiding by disciplinary and performance management procedures, a court has found in rejecting a manager's bid for damages.


Qantas's frustration over safety reports wasn't bullying

A worker's superiors' "hostility" towards his raising of safety concerns did not amount to bullying, a commission has found in rejecting his bid for stop-bullying orders requiring his employer to fully investigate his defect reports.


Leave-accusations meeting caused psychiatric impairment

A major employer should have given a worker more time to prepare for a disciplinary meeting and possibly rectify his transgressions, a commission has ruled in finding the purportedly "casual" meeting was unreasonable action that wholly or predominately caused his debilitating psych injury.


"Kafkaesque" investigation aggravated Crohn's disease

An employer's conduct during a nine-month misconduct investigation against a worker subjected her to severe stress and aggravated her long-term chronic bowel disease, rendering her bowel surgery work-related, a tribunal has found.


Injury-causing actions deemed reasonable

A team leader's occasionally "less than polite" correspondence with a worker, who developed a psychiatric condition, did not constitute bullying or unreasonable administrative action, a tribunal has found.

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