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An employee has failed to prove that he was "performance managed out" of his job, with the Fair Work Commission finding his pattern of inappropriate conduct was a valid dismissal reason.

In fact, Deputy President Amber Millhouse found there were no issues with the employee's performance, and she rejected his claim that it was "contradictory" to be praised for his work while "simultaneously being reprimanded for alleged volatile, aggressive, intimidating and unprofessional behaviour".

"Cases like [the employee's] demonstrate why the [Fair Work] Act draws a distinction between dismissals related to a person's capacity (i.e performance) and conduct," she said...