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Despite its evidence of ongoing performance issues, an employer has failed to prove it didn't sack an employee for frequently taking unplanned personal leave.

Accepting there were some performance concerns, Federal Circuit Court Judge Amanda Mansini said the employer's frustration about the employee's sick leave, which she often took at short notice, "loom[ed] large" in its dismissal decision.

The Lofts Quarries client service and transport coordinator claimed she was unlawfully sacked in March 2022 because she had taken personal leave and complained about unfair treatment.

But the employer argued its decision was prompted by the employee's serious misconduct in refusing to comply with a direction to attend the office following a period of poor performance...