Browsing: Performance management | Page 4


FRI
11:27AM

Injury-causing disciplinary action unreasonably blocked worker from performing daily duties

In a case that centred on the alleged inappropriate access of patient files by a clerk, a commission has upheld the worker's claim for benefits for a psychological injury linked to "heavy handed" disciplinary action.


TUE
12:15PM

Safety rep injured by alleged bullying, harassment and ridicule for pushing for COVID-safe practices

A worker who was exposed to racist slurs, profane language and aggressive behaviour from his superiors and co-workers has won his permanent impairment claim, despite his employer's argument his psych injury was caused by a reasonable performance appraisal.


FRI
3:31PM

FWC bench rejects appeal from teacher at "war" with students, finds IME process was fair

A Fair Work Commission full bench has ruled that a major university was entitled to require one of its teachers to undergo an independent medical examination, after he took extended sick leave and told senior management, "When I go to class I am going to war. The students are waiting to kill me."


MON
1:04PM

Onus of proof wrongly placed on disciplined injured worker

A psychologically injured, allegedly bullied worker has overturned a decision to deny her compensation, with an appeals commission finding the decision maker applied the "reasonable management action" test from the wrong statute.


WED
12:22PM

Second injured interpreter less successful than colleague

In another case involving the interpretation service on Nauru, a tribunal has found a worker's psychological symptoms arose from the reasonable premature termination of his employment, blocking his access to workers' compensation.


TUE
2:03PM

Injured Nauru worker wins perceived-bullying case

A tribunal has found an interpreter suffered a compensable psychological injury from her perception of being bullied while deployed to Nauru, finding a regulator's reasonable-management-action defence failed through its inability to prove such action occurred.


FRI
3:40PM

Bullying injury was present prior to management action

A commission has rejected an employer's claim that a worker's psychological injury arose out of reasonable management action relating to his poor performance, ruling it resulted from workplace bullying and harassment long before any performance appraisal occurred.


MON
3:49PM

PIC rejects reasonable management action defence for lack of supporting medical evidence

A worker, who suffered an aggravation of his pre-existing psychological condition during the course of his employment, has been awarded compensation, after his employer failed to prove that several "reasonable" management acts were the predominant causes of the aggravation.


MON
12:50PM

Beer breach deserved disciplinary action: AAT

A tribunal has upheld a decision to deny compensation to an Australian Federal Police officer who sustained a psychological injury from being disciplined for drinking a beer at an overseas workplace, finding his position required a particularly high standard of behaviour.


THU
11:38AM

Management action doesn't need to be perfect under workers' comp Act: IRC

A commission has upheld a decision to deny compensation to a worker who suffered an aggravation of her psychiatric illness from an interaction with her supervisor, ruling the supervisor's imperfect actions were reasonable enough under injury laws.


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