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Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.

Commissioner Chris Simpson accepted the employer might have instigated performance conversations "in vague terms or in singular instances", but he nonetheless found its concerns about her reliability and accountability were the real reasons why it sacked her.

In general protections proceedings, the Commission heard the employee had started working for Anytime Fitness Kirwan in May last year as a casual membership consultant.

According to the employer, it soon noticed recurring issues with the employee's "tardiness" and frequent last-minute shift cancellations. Just two weeks into her employment, for example, she arrived to work two hours late because she slept through her alarm, prompting the employer to give her a verbal warning...