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A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
"An employee doesn't have the right to accept or reject a PIP, or to simply disagree to participate in a PIP, without ramifications," Commissioner Bernie Riordan said.
However, he found the manager's dismissal was unfair, as she didn't have a proper opportunity to respond to allegations that her action amounted to misconduct.
In late 2024, Swarovski Australia investigated concerns raised about the Bondi Junction store manager regarding her punctuality, interactions with other workers, and compliance with policies and procedures...
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