Worker continued involvement in preferred project despite new role responsibilities
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a senior surveyor who argued he was dismissed after an unjustified performance management process involving four performance improvement plans.
The worker had been employed for over four years when his employment was terminated in April 2025 following an extensive performance management process that extended from May 2024 into 2025.
The employer contended the worker had significant problems in his capacity to perform his job, which did not improve to the requisite level.
The worker claimed his performance was assessed against unrealistic measures and his responses were not properly considered. He argued he was not given adequate resources, direction or training to succeed.
The employer submitted that the termination was fair because it identified significant problems in the worker's capacity, which did not improve after an extensive performance management process.
The worker commenced working for a Victorian government department on 17 November 2020, initially employed to work in the Digital Cadastre Modernisation Project as a senior cadastral surveyor.
The project's objective was to digitally map and improve cadastral boundaries for the entire State of Victoria. The worker was considered a subject matter expert in some aspects of the project.
When the project...
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