Can poor performance constitute serious misconduct, warranting a
summary dismissal?
If not, what are the possible consequences if a dismissal occurs
on this basis?
The former issue was explored recently in a decision of the Fair
Work Commission in Valenzuela.
The Facts
The Worker brought an application against the Employer for an
unfair dismissal remedy in the Commission.
At the time of her dismissal, the Worker was the Employer's
Finance Manager. Her duties included the preparation of financial
reports.
The Worker was provided with a letter by the Employer setting
out a number of allegations. The Employee was asked to respond to
the letter, and that this would be considered before a final
decision was made in relation to what disciplinary action, if any,
would be taken. It was noted that any such action could include the
Worker's dismissal. The allegations set out in the letter
included reference to accounting errors and the lateness of the
filing of
