TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – applicant employed as Account Manager – role was to source new accounts for the respondent, he was required to identify and develop new printing opportunities in Victoria – applicant dismissed for poor performance for failing to meet sales targets – applicant says he was never provided with written sales targets, was never informed he was failing to meet his targets, was not issued any formal warnings with respect to not meeting his purported targets and not provided with any substantive assistance to assist him in performing his job – Commission not satisfied respondent ever clearly set targets for applicant – given that targets were never specifically provided it is difficult to find that dismissal for failing to achieve something he did not know about provides a valid reason for his dismissal – found no valid reason for dismissal – satisfied termination of employment was harsh, unjust or unreasonable – applicant sought reinstatement – Commission not convinced reinstatement appropriate – compensation – not convinced applicant had been seriously attempting to mitigate his loss – amount of lost remuneration reduced by 50% – an amount of $9,500 plus 9.5% superannuation compensation ordered. O’Brien v The Trustee for Print Warehouse Australia Tryst t/a Print Warehouse.
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