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An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.

The KOR Equipment Solutions business analyst told the Fair Work Commission that in June last year, the company's GM raised concerns about his work in a "routine" meeting. In July he was given a warning and in August he was instructed to choose between resignation and dismissal. The employee resigned, but subsequently lodged an unfair dismissal claim.

Before Commissioner Sophie Mirabella the employee said some of the complaints about his performance were outdated and others weren't "clear indicators" of poor performance; for example, his failure to meet deadlines was often due to circumstances beyond his control.

In the final meeting, he was told it was his last day with the company. The GM outlined the reasons for dismissing him, then gave him the option to resign with a bonus and a reference.

The employee said he felt relieved to have the opportunity to save face, but also felt resigning was his "only real option"...