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An employer dismissed a worker for unsubstantiated performance issues, without proper warning, and denied him an opportunity to respond, the Fair Work Commission has found.

Krause Bricks claimed that it dismissed the production labourer because he deliberately stacked bricks too slowly – at a rate of 60 bricks per hour, rather than the expected 700.

The employer also alleged the employee avoided stacking bricks, when this was the work he should have been spending most of his time on, to perform other work such as forklift operation or truck driving...