TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant approached multiple times about poor performance – termination took effect 16 September 2016 – applicant submitted he was not informed about wage recovery system which was used to measure performance, respondent did properly consider applicant’s medical condition, applicant not afforded opportunity to respond to reasons for termination and language barriers affected communication with respondent – applicant could not substantiate claims and at times applicant’s statements contradictory – respondent provided evidence refuting applicant’s claims – applicant conceded to basic understanding of English, that the respondent wasn’t notified of injury, and understood translated summaries of his weekly performance – Commission found applicant not provided with opportunity to respond but held due to applicant’s poor performance and unacceptable hostile reaction there were sound, defensible and valid reasons for termination – Commission held dismissal not harsh, unjust or unreasonable – application dismissed. She v Safeguard Home Improvements P/L
…
