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DV disclosure to HR didn't prompt tighter performance management

The Fair Work Commission has rejected that an employee's domestic violence disclosure to HR triggered an "exponential" increase in performance conversations that led to his constructive dismissal.

The JBS Australia shipping coordinator was hired in January this year. In February, following a day of leave, he told his manager he was dealing with a troublesome ex-wife and that his 12-year-old son was having suicidal ideations. The manager subsequently granted him numerous periods of leave and flexible work requests so he could tend to his son's health.

The following month an HR representative met with the employee to discuss his wellbeing and offer support, as he seemed distracted and had been short with colleagues. The employee said he was experiencing domestic violence from his ex-wife, which included her hacking his IT systems...

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