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In sacking a worker for 'underperformance', an employer wrongly relied upon contractual terms that had no "force or effect", the Fair Work Commission has ruled.

The vacation planner for MCVI Australia – part of Marriott Vacation Club, which sold timeshare, hotel packages and rooms – was sacked in August last year for failing to meet her KPIs over an extended period, and she subsequently claimed unfair dismissal.

The Commission heard she had originally been employed as a 'vacation specialist' from June 2021 until April last year, when she took on the planner role...