Unfair dismissal is the main reason employees make a formal claim against their employers, and of these claims, nearly a quarter centre...
Unfair DismissalMarch 17, 2016
An employee who was terminated for repeated poor performance has had her unfair dismissal claim upheld by the Fair Work Commission (FWC). The FWC was also critical of the employer’s tolerance towards the employee’s poor performance, and their lack of effort in amending the problems.
The employee had not been correctly following workplace policies and procedures over a large period of time. During the FWC hearing, the employee admitted she did not follow the company’s procedures and was guilty of not performing her duties to the company’s set standards.
The FWC ruled that whilst the employer had a valid reason for the employee’s termination, the employee was never given the chance to improve her performance. The FWC noted there was no formal meetings conducted in which to discuss performance management, nor was the employee issued any formal warnings.
Every employer needs to provide an employee with the details surrounding their performance issues, while providing the opportunity to improve. In this scenario, if these issues were discussed and dealt with from the start, the employee’s performance could have improved. Since the performance issues were inadequately handled, the FWC ruled the dismissal as unfair.
A way in which the employee’s performance could have been improved, would have been through the use of a performance improvement plan. This would have allowed the employer to assess and discuss progress and provide ongoing coaching and support.
Employees who are underperforming must be issued with formal warnings and given the opportunity to improve. Employsure can assist employers with developing performance improvement plans individually tailored to your employees. If you have any questions regarding underperforming employees, contact Employsure today on 1300 651 415.
Sourced via Sunshine Coast Daily