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Underperformer's dismissal was fair despite "element of unjustness"
Dismissing an employee over the phone before the end of his performance improvement plan was fair, the Fair Work Commission has found, in circumstances where he hadn't ever met his sales targets.
The employee was denied procedural fairness, Deputy President Ian Masson accepted, but he found that deferring dismissal until after the PIP wouldn't have changed the outcome.
The case involved an account executive employed by AI lead generation platform Podium Australia Pty Ltd between August 2024 and December 2025.
The Commission heard his role involved two types of monthly sales targets, based on the average value of contracts clients signed with him (ACV) and self-sourced revenue achieved via outreach calls...
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