Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

Performance "reality check" could have prevented unfair dismissal

An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.

In October 2020, the Bridgewood dealer principal was sacked for unsatisfactory performance and misconduct, and he lodged an unfair dismissal claim.

He told Commissioner Bruce Williams that in April 2020, the employer stood down 14 staff following a pandemic-related downturn, but he was retained and took on additional responsibilities as a result. The car market then rebounded substantially and he found himself with an unreasonable workload.

In July the business underwent significant changes and he was asked to manage one of three new "hubs". He said he started to feel excluded from operational decisions despite his role as a dealer principal and shareholder, and in a "heated" conversation, he accused the employer's director of cutting him off...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Sign up now for all the benefits of HR Daily Premium membership.

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more