Log in or become a subscriber

An employer's "many failures" during a worker's probation period didn't outweigh her repeated performance errors and poor attitude, the Fair Work Commission has ruled in unfair dismissal proceedings.

The Northern Territory Department of Health registered nurse was dismissed in January this year, just short of her one-year work anniversary, for failing to improve her workplace performance and behaviour.

In claiming unfair dismissal, she argued: her performance issues were only "minor"; the employer's dismissal reasons were "vague" and "unfairly critical"; and she had been subjected to more scrutiny than her colleagues.

Further, the employer failed to follow its own probation-period processes; it didn't undertake any probation reviews nor adequately supervise her, she said. Had it done so, she would have had a "successful start" to her career, given her "significant redeeming qualities"...