TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – applicant dismissed for poor performance – following a restructure of the respondent’s enterprise, the applicant’s position as Senior Property Officer was made redundant – applicant was offered the position of Property Specialist, at the sane rate of pay and on the same terms and conditions – applicant accepted position and did not suggest any alternative positions – new role substantially the same as the previous role – following the hiring of a new team leader, Property Specialist position description amended to include ‘commercial and financial analysis’ – following this amendment applicant’s performance suffered – applicant subsequently terminated for poor performance – Commission found valid reason for dismissal – while respondent entitled to restructure business and to amend position descriptions, respondent obliged to ensure adequate training or existing staff members affected by amendment – training provided by respondent insufficient to equip applicant for new requirements of position – Commission satisfied applicant unfairly dismissed – matter to be relisted on issue of remedy. Vernon v Electricity Networks Corporation t/a Western Power.
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