A spate of recent unfair dismissal cases has exposed the consequences of poor performance management processes. If you want to avoid an unfair dismissal claim, or put yourself in a good defensible position, read on.
“The bullying conduct included the manager speaking to the employee with a stern tone and pointing her finger at the employee, as well as… saying to the employee ‘I’ve never met anybody so stupid as you’,” writes Tiffany Campbell of Holding Redlich.
Special Counsel, Tim Greenall reminds us again that as a HR Manager, running the human resources activities of an employer, and whom is intimately involved with Award matters, “need to know the precise nature of the legal obligations of an employer and then act upon that knowledge irrespective of any contrary views of their superiors”.
Nicole Dunn of Carroll & O’Dea Lawyers provides us with another practical article! This time, she tells us that “it’s not uncommon that we encounter an employer at the wrong end of a claim because they’ve bought into an “employment law myth” so we’ve busted a few employment myths”.
The District Court of New South Wales has recently determined a claim by a plaintiff who alleges that he sustained a psychological injury as a result of three instances of workplace bullying. “Even if it is found that allegations of bullying are not substantiated there may still be a risk of an employee developing an injury”.