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Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.

Most of the allegations against the employee were "more about timeliness – that [he] should have done things more speedily – as opposed to what might be characterised as 'misconduct'", Commissioner Benjamin Redford said.

These performance issues didn't place the employer's clients at risk, nor were they of sufficient gravity to warrant dismissal, he said.

The care coordinator worked for Tasmanian aged care and disability provider Community Based Support Limited between October 2020 and March 2026...