Personal Grievance - Dismissal - Poor Performance - Employment Relations Act 2000
Doney v X-Facta Resources Ltd t/a Orb Communications
28 May 2007, P R Stapp, WA 87/07, (10 pages)
UNJUSTIFIED DISMISSAL - Poor performance - Applicant presented with new sales targets - Respondent expressed concerns about applicant's performance - Applicant's allegation respondent advised he need not be concerned about disciplinary action not established - Subsequently given final warning, and two weeks to improve or disciplinary action would be taken - Dismissed after further meetings, where applicant disputed agreement to targets for first time - Although fair and reasonable employer would have put new targets in writing, no legal requirement for this - Applicant acquiesced to new targets and respondent left with impression applicant willing to give them a go - Did not establish targets unreasonable or unachievable - Applicant acknowledged sales did not increase - Fair opportunity to explain performance - Fair and reasonable employer would have detailed what consequences of not meeting targets were earlier, however respondent later put decisions in writing and invited further comment - However, decision to terminate made before applicant had opportunity to have input on options for lesser sanction - Also given improper notice, but breach ultimately corrected - Dismissal unjustified - Remedies - Applicant on notice of requirement to improve performance and consequences - Contributory conduct one third - COSTS - Less than one day investigation meeting - Applicant sought contribution to total costs of $4,850 - Relatively straightforward matter - Entitled to reasonable costs, calculated as $1,190 - Sales
Result:
Application granted ; Reimbursement of lost wages ($3,514 reduced to $2,361) ; Compensation for humiliation ($1,500 reduced to $1,000) ; Costs in favour of applicant ($1,190) ; Disbursements ($70)(Filing fee)
