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"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.

The employer used these terms "interchangeably", and Commissioner Scott Connolly said this lack of clarity might have somewhat confused the employee as to "what needed to significantly improve – conduct, performance, or both".

The Xavier College teacher was sacked for misconduct in September last year, and he claimed unfair dismissal.

The Commission heard the employee, who had worked at the College for 21 years, received a final warning in December 2022 about his work performance and inappropriate communications. He was directed to undertake a 12-month "performance improvement plan".

During 2023 he participated in mentoring meetings, but due to undergoing arm surgery he didn't complete the plan and it was extended into 2024...