Reasonable management action psychological injuries
Reasonable management action psychological injuries – The long-running case of Lim and Comcare was recently finalised by Deputy President Humphries who examined the relevant medical evidence, as well as the original AAT decision and found the mid-cycle performance appraisal which significantly contributed to the employee’s injury was reasonable and therefore was not compensable.
The matter that had previously been heard by the Australian Administrative Tribunal (2015) and Federal Court (2016) and the Full Federal Court (2017)
Managing employees, especially when it comes to performance appraisals or the management of poor performance can lead to issues for the employee that can result in complaints of bullying and harassment and compensation claims for psychological injuries.
Lessons for employers
- It is important that employers are fully conversant with the concepts and processes of reasonable management action including;
- That the management action was warranted. In that there was a reasonable and explainable reason for the management action.
- It was reasonable for the management action to be taken. Were all the options considered, was this the most appropriate course of action.
- The management action was taken in a reasonable manner. Was the person subject of the management action afforded procedural fairness.
When conducting performance management it is important to allow the employee to be heard and be able to contribute to the process in a positive manner.
AWPTI can assist. The management Essential program covers four vital areas assist managers and employees;
- Reasonable management Action (RMA).
- Performance Management to avoid complaints.
- Basic dispute intervention and resolution
- Dealing with misconduct and complaint handling for managers
More details about the course can be found here – https://awpti.com.au/reasonable-management-action-training/
AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations