Moretti v Heinz: Why am I being "performance managed"?

Key Points:

Employers must consider why they're conducting a performance management process – it should be to identify and resolve any performance concerns

Interaction between unfair dismissal and performance management

In determining whether an employee has been unfairly dismissed under the Fair Work Act 2009 (Cth), Fair Work Australia (FWA) is directed to consider a number of factors, including if the dismissal related to the unsatisfactory performance of the employee and whether the employee had been warned about that unsatisfactory performance before the dismissal.¹ Performance man­agement processes have therefore become more com­mon in employment contracts within the private sector.