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Tag Archives: Performance

Employment Update – October 2017 – Employee lies about qualifications: Unfair dismissal but no compensation

The Fair Work Commission has recently delivered another instructive decision for employers.  The decision again brings into the spotlight the threshold for establishing serious misconduct, but also provides a significant deterrent to employees who lie about their qualifications. In this case the Applicant was employed as Finance Manager for a not for profit group of…

Tolerating poor performance an employer’s peril

An employer who terminated an employee for poor performance has lost an unfair dismissal case before the Fair Work Commission and was criticised for its tolerance of the employee’s poor performance. The employee was terminated for poor performance reasons. The employer relied on the employee’s failure to follow water quality monitoring and reporting procedures over…

Unreasonable performance targets contribute to successful adverse action claim

The Fair Work Commission has recently found that an employer had taken adverse action against its employee when it unilaterally imposed unreasonable performance targets. The employee was employed by a real estate agency in a number of roles throughout her employment. In May 2014, the employee began what became a long health related absence, which…