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"Fair and balanced" PIP helps employer defend unfair dismissal appeal

A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.

The plan was also criticised by the employee for having "highly subjective" criteria, but the full bench said performance management, by its very nature, "inevitably" required employers to make some subjective assessments.

The Town of Port Hedland sacked the graduate community safety officer in August 2024, after she failed to recognise and improve on its concerns about her communication, reliability, and ability to follow directions.

The employee claimed unfair dismissal in the WA Industrial Relations Commission, but in May last year Senior Commissioner Rachel Cosentino found the employer had given her "ample" opportunity to demonstrate improvement, and she "missed it by a mile" (read HR Daily's full report of the decision here)...

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