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ARTICLE · 23 MAY 2017

Fair Work Commission criticises HR process for dismissal

Cooper Grace Ward
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The dismissal was communicated insensitively and in an inappropriate way, considering the worker's mental health issues.

AustraliaEmployment and HR
Annie Smeaton
Annie Smeaton
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The Fair Work Commission (FWC) has criticised Komatsu Forklift Australia Pty Ltd's HR department for fundamental failures of due process in its dismissal, via email, of a worker who had been absent due to mental health issues.

Facts

The employee, Mr John Finnegan, worked for the Komatsu Forklift Australia Pty Ltd (Komatsu) for eight years. Komatsu is part of the business of Komatsu Australia Pty Ltd (KAL). In August 2015, Mr Finnegan was placed on a performance improvement plan (PIP) after failing to meet his sales budget key performance indicator (KPI) requirements. He claimed that problems with his personal relationships, particularly involving his new manager, contributed to his performance difficulties.

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