TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed full-time as account manager – meeting which led to dismissal arose from email sent by applicant to client which respondent considered inappropriate – termination letter prepared and signed prior to meeting – applicant dismissed ‘due to unsatisfactory work performance’ – performance issues raised included failure to meet monthly targets, failure to arrange sufficient appointments to seek new business, and poor handling of one client – Commission satisfied that inappropriate email combined with poor performance in respect to sales budget and appointments constituted valid reason for termination – procedure utilised particularly unjust and unreasonable and dismissal was a harsh or disproportionate response to performance and conduct matters involved – dismissal harsh, unjust and unreasonable – reinstatement inappropriate – ordered compensation of $8,400, taxed accordingly. Makai v Victorian Radio Network P/L
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