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Wednesday, November 19, 2025

Sales manager claims unfair dismissal after failing to meet targets without warnings - HRD America

Manager achieved only 47.7% of the reduced target, but never warned that the job was at risk

A sales manager challenged his dismissal, arguing he was never warned his job was at risk despite sustained poor sales performance and was not given the opportunity to respond before termination.

The worker contended his sales targets were unreasonable, sales were incorrectly allocated to others, drought conditions impacted regional customers, and limited warehouse stock caused delivery delays affecting sales.

The employer maintained that the worker's sales performance was significantly below target at only 47.7% over eleven months, compared unfavorably to other sales managers achieving 90-100% under the same conditions, and poor performance contributed to the Victorian operation's significant financial loss.

Employment and sales targets

The worker commenced employment with the employer on 28 February 2024 in the position of independent sales manager for regional Victoria and Tasmania.

His contract of employment provided for a base salary of $110,000, standard superannuation, a mobile phone, a laptop, use of a full-maintained vehicle for business and limited personal use and a potential sales bonus subject to achieving specified sales targets.

The worker's contract of employment included an annual sales target of $4 million, the attainment of which would entitle the worker to a bonus of $25,000.

The employer's director stated that, as the worker started late in the 2023/2024...



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