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The Fair Work Commission has rejected that an employee's poor attitude and failure to meet KPIs warranted dismissal, and ordered his reinstatement with continuity of service and backpay.

In May 2020, Club Assist placed the 61-year-old technical roadside responder on a coaching and performance improvement plan (CAPP), and over the next four months he attended regular meetings with his manager to discuss key performance indicators.

When the CAPP ended, however, the employee received a formal written warning that said his performance hadn't improved enough and that his employment was at risk.

In August last year, the employer asked him to show cause as to why he shouldn't be dismissed for failing to meet KPIs, specifically related to his average working time, average time on the job, and battery warranty rates...