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An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.

Deputy President Judith Wright said it was "hardly surprising" that Redpath Contract Services' client Aurelia became frustrated and revoked the on-hire worker's site access when it saw no improvement in his performance, despite issues being identified four months earlier.

"This was an outcome which [the employer] should have foreseen, and taken proactive steps to address, based upon the terms of its contract with [its client]," she said...