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Category Archives: Performance Management

UPDATE: ARE YOUR ‘CASUALS’ REALLY CASUALS?

This month we look at a recent Full Federal Court decision which found that an employee engaged as a casual and paid a casual loading was in fact a permanent employee and entitled to paid annual leave.  The employee was placed at a mine-site through a labour hire company – the employer (WorkPac). The employer…

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

Employment Update – October 2017 – Employee lies about qualifications: Unfair dismissal but no compensation

The Fair Work Commission has recently delivered another instructive decision for employers.  The decision again brings into the spotlight the threshold for establishing serious misconduct, but also provides a significant deterrent to employees who lie about their qualifications. In this case the Applicant was employed as Finance Manager for a not for profit group of…

Employment Update – July 2017 – Real Estate Agency awaits compensation order after dismissing an employee because she was pregnant.

A real estate agency in Victoria will wait until a further hearing in October to find out Judge Riley’s decision as to compensation, after it unsuccessfully defended proceedings in the Federal Circuit Court brought by a former administrative assistant (‘Applicant’).  The Applicant alleged that she had been terminated by the real estate agency due to…

Tolerating poor performance an employer’s peril

An employer who terminated an employee for poor performance has lost an unfair dismissal case before the Fair Work Commission and was criticised for its tolerance of the employee’s poor performance. The employee was terminated for poor performance reasons. The employer relied on the employee’s failure to follow water quality monitoring and reporting procedures over…

Unreasonable performance targets contribute to successful adverse action claim

The Fair Work Commission has recently found that an employer had taken adverse action against its employee when it unilaterally imposed unreasonable performance targets. The employee was employed by a real estate agency in a number of roles throughout her employment. In May 2014, the employee began what became a long health related absence, which…

FWC finds that employee managed, not bullied

The Fair Work Commission’s anti-bullying jurisdiction has determined not to award orders in favour of a senior public servant who alleged that his manager had been bullying him. The allegations made against the manager by the employee included that the manager told him ‘to go back where he came from’, pressured him to terminate his…

FWC give guidance on support person role

A recent decision of the Fair Work Commission’s Full Bench has provided some clarity about the role of a support person in a termination or performance management process. In the decision of Victorian Association for the Teaching of English Inc v de Laps, the Employee resigned from her employment following the initiation of a performance…

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