Richard Plunkett v Silverbrook Research Pty Ltd [2011]
NSWIRComm 1031
Dr Plunkett was employed on a permanent basis by Silverbrook
Research Pty Ltd in 2002. Silverbrook undertook advanced
engineering and research, employing some 460 employees.
Dr Plunkett suffered work-related 'tennis elbow' to
initially his right arm and subsequently bilaterally. He made a
workers compensation claim during 2005 which was accepted. He was
able to return to work on restricted duties.
Subsequently, Dr Plunkett was performance managed and the areas
needing improvement were identified as communication and
interaction with other employees.
Once the performance management process had begun, there were
incidents involving Dr Plunkett which concerned Silverbrook. These
included Dr Plunkett kicking and breaking a glass door, apparently
in frustration over a performance review, refusing to communicate
in anything but handwritten notes, attending work after hours at a
time when he had