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It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.

Further, the allegations the employer relied on were "anything but specific", Commissioner Sharon Durham found.

In unfair dismissal proceedings, the Commissioner heard that KAB Seating's HR manager gave the company accountant a show-cause letter in March last year, which outlined 16 conduct and performance-related allegations, and informed him that it was standing him down with pay...