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ARTICLE · 31 OCTOBER 2020

Unreasonable performance expectations of employees during COVID-19

Employers should consider if they are setting unreasonable performance expectations of their employees during COVID-19.

AustraliaEmployment and HR
Andrew Jose
Andrew Jose

A recent unfair dismissal decision by the Fair Work Commission ("FWC") highlights the need for employers to consider how they manage employees and whether they are setting unreasonable performance expectations during COVID-19.

The decision in Clair Peterson v Kizuri Capital Pty Ltd [2020] FWC 5332 provides a case study on how employers need to approach the management of performance in the shifting working environment caused by COVID-19.

Background

The case of Clair Peterson v Kizuri Capital Pty Ltd concerned an employee who was summarily dismissed by her employer for serious misconduct due to performance, raising questions over whether the employer had set unreasonable performance expectations in the COVID-19 environment.

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