Performance documented before complaints were filed changed everything in this case
A worker who raised nationality discrimination complaints during a performance process has lost her unfair dismissal claim at the Fair Work Commission.
In a decision on 5 March 2026, Deputy President Slevin dismissed the application of Ravid Rom, a former Office Manager at Team Event Pty Ltd, a Sydney-based company in the hospitality industry.
Ms Rom was hired on 17 March 2025 on a working holiday visa to manage daily office operations and foster a positive workplace culture, subject to a six-month probationary period.
Performance concerns were raised informally and formalised at a review on 6 August 2025, where she scored 3.7 out of 5. Management cited tardiness, incomplete duties, and poor colleague engagement. Ms Rom viewed the result positively and maintained those concerns were not clearly raised. The company declined to sponsor her visa that month, citing the same issues.
On 16 September 2025, Ms Rom was told she had not completed her probation. Three days later, the managing director outlined her deficiencies in writing, including lack of initiative and insufficient contribution during a company offsite. Ms Rom acknowledged the email and requested the weekend to reflect before providing a detailed response. Instead, on 22 September 2025, she filed formal complaints alleging discrimination, bullying, exclusion, and hostility based on her Israeli nationality, citing remarks about her...
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