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An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.

In January 2019, the Canberra Health Services (CHS) data officer met with his manager, who raised concerns about leave and punctuality, his ability to prioritise work and meet deadlines, and the quality and accuracy of his reports.

Further discussions followed and in October she held a formal meeting, putting various issues and directives in writing, and warning him that failure to improve could lead to termination.

He responded in writing, disputing almost every issue raised. He said incompatible computer systems and formatting issues were to blame for some of his so-called underperformance, while his manager's description of his lateness as "a pattern of wilful behaviour" was "incredibly unfair" given he'd explained that he wasn't a morning person and had been working to overcome the issue...