TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief for unfair dismissal – applicant commenced employment with respondent on 30 September 2014 as a Port Hedland based Inventory Controller – applicant was transferred to respondent’s Perth Inventory Management Team in June 2014 – respondent submitted applicant lacked the necessary skills, capabilities and knowledge to adequately perform his role and his manner and attitude to customers and internal personnel was unsatisfactory – further submitted applicant experienced difficulty in his relationships with colleagues and clients – submitted applicant was informally mentored by an experienced team member but no improvement ensued, and that group training sessions were also held so applicant didn’t feel singled out – single training sessions with the applicant were also undertaken as a performance improvement plan but again no improvement made – on 3 August 2016 the applicant was asked to attend a meeting where he was given a termination letter – applicant responded to letter on 8 August by showing up to work – respondent advised applicant his employment was terminated on 3 August 2017 – Commission satisfied genuine reason for dismissal based on belief that applicant was incapable of perceiving or achieving an acceptable level of work performance – satisfied that for nearly a year the respondent sought to communicate their performance expectations and provide opportunity for applicant to improve and respond to concerns raised – Commission found dismissal not harsh, unjust or unreasonable – application dismissed. Etienne v FMG Personnel Services P/L
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