TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – applicant employed as HSE HR Training officer for 10 months – dismissed for poor performance – respondent claimed applicant made aware of issues continually from April 2016 and provided with a list of recommendations for improvement – in October 2016 external auditor hired to do a preliminary assessment of upcoming audit – external auditors found unsatisfactory results with applicant’s audit – respondent submitted applicant provided with this evidence but applicant did not take responsibility for performance or show willingness to improve – applicant submitted had favourable performance review few months prior to dismissal – coupled with $5000 pay increase in April 2016 applicant argued there were no performance issues – Commission found evidence showed applicant advised on several occasions about performance issues and provided with opportunities to improve – found applicant not suited for particular employment and did not apply themselves adequately to role – found valid reason for termination but not on 16 August 2016 when she was first terminated – as such Commission found termination unreasonable as did not have a valid reason at time of termination – found termination harsh unjust and unreasonable – reinstatement not sought by applicant – compensation of $5,192.33 plus superannuation ordered. Purcell v Rock N Road Bitumen P/L t/a Rock N Road Bitumen
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