Employee said he was expressing distress about unfair treatment by management
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a train crew supervisor who argued he was dismissed after expressing distress about being placed on a performance improvement plan.
The worker had been employed for three and a half years when he was dismissed in July 2024 following interactions with his managers that the employer alleged were loud, aggressive and intimidating.
The employer contended the worker's conduct caused a risk to the health and safety of colleagues and constituted misconduct proportionate to dismissal.
The worker argued that speaking in a loud manner was a result of hearing loss in one ear and denied that his conduct was as described by the employer.
The worker's view was that his placement on the performance support plan and interactions with managers about it constituted bullying and harassment, and his behaviour demonstrated his distress at being bullied. The worker sought reinstatement to his role.
The worker commenced employment on 21 January 2021 as a passenger service attendant and then a train crew supervisor with a public transport provider that operated the rail network for South Australia.
In April 2024, the worker was placed on a performance support plan with a focus on improvement in correctly following the employer's procedures. The worker disagreed with the matters raised in the plan.
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