TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Business Development and Accounts Manager – dismissed by telephone and dismissal confirmed by letter sent by respondent the same day – applicant not advised of reasons for dismissal in advance of decision being made – no opportunity to respond to reason for dismissal relating to capacity or conduct – no opportunity to have support person – respondent claimed applicant failed to use the business quoting system and consistently underquoted on work – Commission satisfied these issues not raised at performance review and not satisfied to be valid reasons for dismissal – claimed applicant failed to meet contracted sales targets – was warned about poor performance and given an opportunity to improve – Commission satisfied performance failures were a valid reason for dismissal – Commission found dismissal was unfair – was both unjust and unreasonable to dismiss without procedural fairness – reinstatement not sought – applicant unlikely to remain at business due to performance issues – $7,993.44 compensation ordered, taxed according to law. Wigglesworth v Warringah Plastics P/L t/a Warringah Plastics
…
