Two PIPs in nine months and a resignation letter that didn't quite land at Fair Work
A long-serving ING tech lead quit mid-performance plan, calling it forced. The Fair Work Commission disagreed, in a decision handed down on 4 May 2026.
Gaurav Mudgal had been employed at ING Bank (Australia) from 15 January 2020 until his resignation on 3 February 2026. The Commission ruled that performance management, even two rounds of it, is an ordinary feature of working life.
Until May 2025, when he was placed on a performance improvement plan, Mudgal had mostly achieved positive performance ratings and in March 2025 had been paid a substantial bonus on account of his performance in 2024.
In September 2025, ING restructured. Mudgal's role of Test Chapter Lead became redundant and he was invited to apply for a broader role of Chapter Lead – Engineering Enterprise. He secured the new role, despite the performance process underway and agreement that parts of the role did not directly align with his core skill set.
The first PIP wrapped up in mid-November 2025, with the outcome notified on 14 November. Mudgal was told he had shown some good progress, but improvement was still needed. His manager encouraged him to use the December break to recharge. Mudgal then took leave from 1 December 2025 to 16 January 2026. He had already been warned a second PIP was possible on his return.
While on leave, on 4 December 2025, Mudgal wrote to Mr Roy Shiladitya, Head of Technology for Enterprise and...
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