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It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.

The employer might not have intended to end the inclusion and diversity specialist's employment, but termination was the probable result of its conduct such that she had no choice but to resign, Deputy President Judith Wright found.

In her general protections dismissal claim, the Endeavour Energy employee argued she was dismissed in March this year for exercising her workplace rights and due to unlawful discrimination.

But the employer raised a jurisdictional objection, disputing that it had dismissed her.

The Commission heard that during the employee's year-long tenure, she had raised concerns about, among other things, psychological safety issues, "consistent resistance" to requests for HR data, and undermining behaviour, exclusion and retaliation by P&C leaders...