TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – employer raised a number of performance issues with applicant over the course of several months – independent assessor engaged to assess applicant’s work – during the assessment period, weekly meetings were held with applicant and notes provided to him – final report following assessment concluded that the applicant was not preforming at level – applicant given opportunity to respond to report – applicant submitted that the assessment process was flawed – Commission satisfied that the underperformance constituted a valid reason for termination of employment – applicant notified of the reasons for dismissal and given the opportunity to respond – applicant also given numerous opportunities to respond to the performance issues raised – dismissal not harsh, unjust or unreasonable – application dismissed. Belachew v Australian Bureau of Statistics
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