The Fair Work Commission has accepted that an employer dismissed a manager for being unable to perform the inherent requirements of her role, after she requested workplace changes that were more akin to "outcomes" than reasonable adjustments.
A Federal Court full bench has labelled a senior employee's "romantic" pursuit of a colleague as "conduct of the most reprehensible kind", in dismissing his appeal against a $170k damages order.
Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer.
A tribunal has ordered an employer to pay compensation for a psychological injury, after an employee with underlying sensitivities was "worn down" by unnecessary and stressful meetings with her manager.
An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action claim.
An employer has successfully challenged its liability for an employee's psychological injury, arguing its alleged failure to act on bullying complaints was irrelevant to the claim.
A Fair Work Commission full bench has affirmed that an employee's secret recording of a disciplinary meeting should not be admitted as evidence in his unfair dismissal dispute.
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