Worker argues assessment process was biased despite year-long support and intervention
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a long-serving government employee who was terminated after failing to meet performance standards despite extensive support and intervention processes.
The case arose after the worker was unable to achieve required quality targets during multiple performance improvement plans spanning over a year at a federal agency responsible for administering social security payments.
The worker argued her dismissal was unfair, challenging the integrity of the performance management process and claiming she had been subjected to excessive and biased scrutiny by her supervisor.
She maintained that the assessment process was subjective and that the quality standards required were unachievable, particularly the 95% accuracy target that effectively required perfect performance.
The employer contested the worker's claim, arguing the dismissal was justified due to persistent performance issues that continued despite comprehensive support measures. The agency maintained that high accuracy standards were essential for the proper administration of Australia's social security system and that the worker had been given extensive opportunities to improve her performance over more than 12 months.
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