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Performance plan infected by "bad faith" and pre-judgement: employee

A long-term underperforming employee has won a psych injury appeal, arguing the performance management process she was on for more than three years lacked clear expectations and timeframes.

The South Australian Department for Education teacher had sought workers' compensation for depression in 2019, but her employer and subsequently a trial judge rejected the claim.

The trial judge heard the teacher had worked for the Department for 25 years, during which time her registration remained 'provisional'.

When she sought full registration, her school principal provided a letter to the Teachers Registration Board, identifying areas requiring improvement and stating that a performance development plan would seek to address them.

The trial judge found three employment-related causes of the employee's psychological injury: her registration had not been approved; she was placed on the PDP; and an intervention teacher had made "intrusive observations" of her performance...

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