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An employer unfairly dismissed an employee after "misunderstanding" his performance requirements and its own workplace procedures, a tribunal has found, however it declined to reinstate him due to his "manipulative" behaviour.

The City of Mitcham employee, who performed mainly arboreal work, was dismissed in November last year for breaching the terms of his performance improvement plan (PIP) and failing to comply with the employer's 'incident reporting' procedure.

The employee considered he was sacked without a valid reason and submitted an unfair dismissal application, seeking reinstatement.

He argued the employer had misinterpreted its own policies and procedures, and submitted that neither his PIP nor the incident procedure had been breached...