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"Subtle hints" weren't performance conversations, dismissal unfair

An employer that only gave an employee "subtle hints" that her performance needed to improve has been ordered to compensate her for unfair dismissal.

In July last year, Everstone told the employee she wasn't "suitable" for her role. When she asked what she'd done wrong the employer said it was "just a business decision", that she didn't seem happy at work, and that it had decided to "part ways".

The next day, she emailed the director seeking further information. The director said she was "quite slow" on the computer and had an unacceptable attitude on the phone.

Before Fair Work Commissioner Alana Matheson the employee claimed the employer's reasons were unsound, but even if her performance was poor, dismissal was a disproportionate response; she was never told she needed to improve nor warned her job was at stake...

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