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Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
The employee's previous "obdurate failure to comply with numerous clear directions" meant she was unlikely to heed a final warning, Fair Work Commission Deputy President Bryce Cross observed, but regardless, the employer's failure to issue one meant her sacking was harsh.
The import customer service officer worked for Seaway HCO Pty Ltd from March 2022 until she was sacked in September last year.
In unfair dismissal proceedings, the employer maintained it had conducted extensive performance management over a prolonged period, with clear expectations, coaching and follow-up.
It had also reduced her workload but she continued to underperform and failed to meet her minimum job requirements, it contended...
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