Topic

Performance

12 articles from our Tips & Trends archive.

6 March 2026

FWC reminder: Effective Performance Management is about active clarity not cowardice!

FWC recently (Angela Paladino v The University of Melbourne [2026] FWC 559 (23 February 2026) showed reinstatement orders are still very much ‘on the table’ and provided a clear reminder on how to conduct effective performance management by reinstating an employee of 27 years service who received an "exceeds expectations" score shortly before she was dismissed because of complaints about her conduct from other employees.

Bullying

3 October 2025

Don’t let Performance Issues ‘slide’ in fear of a bullying claim

FWC recently in Mrs Seema Kurup [2025] FWC 921 found that a manager did not bully an employee by providing her a lower annual rating than usual.

Redundancy

23 May 2025

Can a lack of skills be used when selecting an employee for redundancy?

Yes. Provided the skills are objectively necessary for the operational requirements of the business.

Dismissal

6 February 2025

Employer’s Inaction Escalated Misconduct, but Resignation Ruled Voluntary

FWC Nicole-Marree Smith v Bright Life Homes Pty Ltd [2024] FWC 1494 (14 June 2024) has found that an employer’s failure to address inappropriate conduct by a teenage apprentice led to escalating behaviour that threatened an older employee's safety. FWC criticised the employer for inadequate training and poor leadership, which allowed the apprentice’s misconduct to continue unchecked.

Safety

28 May 2024

Expect increasing action from safety regulators on managing psychosocial health

Employers take heed. The new head of SafeWork Australia, Marie Boland, in recently releasing the latest SWA report into psychosocial safety, warned employers that they need to take greater efforts into managing escalating mental health compensation claims.

Dismissal

8 May 2024

$400,000+ fine and costs to worker who experience sexualised and aggressive behaviour

A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and costs totalling $440,000 after employees were subject to sexualised and aggressive behaviour in a community-based residential home program.

Employee Entitlements

3 May 2024

Managing performance isn’t bullying . . . Provided it is reasonable

A recent FWC case (Application by Josh Whiteford [2024] FWC 552) has once again endorsed the position that managers carrying out legitimate and genuine performance management techniques including issuing a warning to poor performers is not bullying.

Dismissal

29 April 2024

Higher bar for genuine redundancies set

The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an obligation to assess whether employees in a redundancy situation could replace already engaged contractors (not other employees) before making them redundant.

Bullying

7 February 2024

Bully or Exasperated Manager acting reasonably?

The FWC (Momirovski, Douglas, Serafini, Naumcevski and Egan [2023] FWC 3299) has recently refused to make stop bullying orders against an ‘exasperated manager’ who allegedly yelled at workers when managing them to perform their duties.

Employee Entitlements

12 December 2023

You can terminate employment for not meeting reasonable KPIs

FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal but unreasonable KPIs will be unfair.

Newsletter

31 October 2023

What psychosocial hazard is ‘trending’ at the moment?

Unsafe job demands, according to Comcare’s National Regulatory Program Director, are the most common psychosocial hazards in workplaces at the moment.

Performance

15 May 2023

Should managing performance be stressful?

In rejecting an employee’s claim for psychological injury from a reasonable performance assessment process, a recent Administrative Appeals Tribunal decision (Tierney and Comcare (Compensation) [2023] AATA 674 (5 April 2023) has highlighted that managing employee performance, when conducted appropriately, will provide Employers a solid defence to workers compensation claims.

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