Tag archives: poor performance

No “fair go” makes dismissal for a valid reason unfair

The Fair Work Commission will inevitably find a dismissal to be ‘unfair’ if, despite having legitimate performance concerns, an employer does not give the employee a ‘fair go’ to both respond to those concerns and improve their performance.

In Cheek v ELB Pty Ltd,[1] the Commission took a close look at just what a ‘fair go’ means in finding the dismissal for a valid reason to be unfair.… Continue Reading

An unsuccessful adaptation period cannot result in dismissal for poor performance

Legal background

French employment law entitles employers to provide for a trial period in the employment contract during which the employer assesses the ability of the employee to perform his/her duties. In this context and during such period, if the employer determines that the employee is unable to perform his/her job, the employer is entitled to terminate the employment contract without being required to provide a substantive reason for such termination or to adhere to the formal termination procedure required for the termination of an indefinite term employment contract.

However, while such an opportunity is permitted at the commencement of … Continue Reading