The Commission criticised the process – but another factor drove the outcome
A July 10 Fair Work Commission ruling shows that problems with a PIP process may not outweigh a long history of missed performance targets.
The Fair Work Commission has dismissed an unfair dismissal application brought by a former Account Executive employed by Podium Australia Pty Ltd, finding the company had a valid reason for dismissal after sustained underperformance over a 15-month period. The decision, Jordan Keller v Podium Australia Pty Ltd [2026] FWC 2630, was issued on July 10, 2026.
For HR professionals, the case highlights a challenge many organizations face: how much weight procedural issues carry when there is a lengthy and well-documented record of performance concerns.
The employee worked in a sales role responsible for generating new business. Performance was primarily measured through Annual Contract Value (ACV), which the Commission described as the key measure of performance for Account Executives.
According to the decision, the employee did not achieve the monthly ACV target at any point during employment. The Commission noted that the employee generated $321,360 in ACV against targets totalling $844,500, representing about 38% of target.
In challenging the dismissal, the employee argued that several factors contributed to the performance results, including turnover among sales development representatives, changes in managers, and the death of the employee's sister in August...
Foundational Context From 2016 to 2026, leaders from across the ideological spectrum in the United States and Latin America have doubled down on intentionally and consistently spreading false and ...