Performance Management and Disability Accommodation: A FWC Case Study
How should businesses handle performance management and disability accommodation? A recent case before the Fair Work Commission (FWC) provides vital clarity. The dispute involved an event supervisor at a Tasmanian mountain retreat who claimed her employer mistreated her. The employee, who has dyslexia, argued that unfair management practices forced her to resign.
Performance Concerns and Disability Disclosure
The employee began her role in April 2023. She disclosed her dyslexia after transitioning from remote work to on-site duties. By November 2023, a new manager identified several performance gaps. These issues included poor communication, difficulty following directives, and ineffective workload management.
Specific incidents supported the employer’s concerns. Most notably, the employee failed to secure a required permit for a major event. The employer viewed this as a critical oversight that warranted formal review.
The Performance Improvement Plan (PIP)
In February 2024, the employer initiated a formal performance review. They provided the employee with detailed feedback and a chance to respond. Despite receiving an extension for personal reasons, the employee resigned before the parties could fully explore a Performance Improvement Plan (PIP).
In her resignation letter, she cited her treatment regarding her dyslexia as the primary reason for leaving. She claimed the employer’s conduct coerced her into resigning.
The FWC’s Final Ruling
The FWC had to determine if the resignation was truly coerced. After careful deliberation, the Commission ruled that the employer’s actions were reasonable.
The employer took positive steps by offering a PIP and asking the employee to reconsider her decision. These actions showed a genuine desire to maintain the employment relationship. Consequently, the FWC concluded that the employer did not force the resignation.
Best Practices for Inclusive Workplaces
This case highlights the careful balance required for performance management and disability accommodation. To protect your organization, consider these steps:
- Active Support: Proactively address accommodation requests as soon as an employee discloses a disability.
- Clear Documentation: Maintain objective records of performance issues that are separate from the employee’s disability.
- Fair Process: Always offer a PIP or a similar support framework before concluding that a role is no longer viable.
Creating a supportive environment is essential for workplace fairness. By following these guidelines, employers can support individuals with disabilities while maintaining high performance standards.
Disclaimer: This information was accurate at the time of writing and serves as general advice. For specific legal guidance, please call AHR on 1800 577 515.
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