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Performance improvement "suggestions" weren't discriminatory

An employee has failed to prove that he was threatened with performance management and a role transfer because of his work-related injury, with a tribunal finding managers were just giving him "helpful suggestions".

The Coles Supermarkets delivery driver claimed that in 2018 and 2019 two managers discriminated against him on the basis of his back injury.

The NSW Civil and Administrative Tribunal heard that in June 2018, the store and online managers met with the employee to discuss why he was returning late after completing his delivery runs. They said if he didn't work faster, they would need to have a performance meeting or move him to a different role.

In an email shortly after the meeting, the employee blamed his lateness on, among other things: the employer's mobile navigation devices; traffic delays; parking issues; fuelling needs; being given loads beyond his restrictions; and being prevented from using his own GPS system...

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