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It wasn't reasonable to require an employee to "identify feelings within himself and how they may present in others" as part of a performance improvement plan, the Fair Work Commission has ruled in unfair dismissal proceedings.
Despite this, however, Deputy President Kamal Farouque found the employee's refusal to fully participate in the process, and his failure to improve his performance, made his dismissal fair.
The Commission heard the Cohealth community development worker had been placed on the PIP in April last year, after an earlier disciplinary process found he'd failed to de-escalate a heated interaction with a client.
The PIP targeted three areas for improvement: trauma‑informed practice with clients; respectful interactions with clients; and respectful and professional interactions with colleagues...
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