A recent case examined by the Fair Work Commission (FWC) sheds light on the complexities surrounding performance management, disability accommodation, and employee rights. The case involved an individual with dyslexia who worked as an event supervisor at a mountain getaway in Tasmania, alleging mistreatment and unfair performance management that led to her resignation.
The employee commenced her role in April 2023, starting off with remote work due to inclement weather conditions affecting access to the mountain retreat. As she transitioned to on-site duties, she disclosed her dyslexia to her supervisor. However, when a new manager assumed the role in November 2023, concerns surfaced regarding the employee’s performance, focusing on communication skills, adherence to directives, and effective workload management.
The employer highlighted specific incidents, such as challenges in organising key events, as instances of performance issues. Notably, the employee was reprimanded for failing to secure a necessary permit for a major event, which was deemed a critical oversight.
In February 2024, a formal performance review process was initiated, presenting the employee with detailed concerns and an opportunity to respond. Despite being granted an extension following a personal setback, the employee opted to resign before a Performance Improvement Plan (PIP) could be fully explored. In her resignation correspondence, she referenced the treatment she had experienced, particularly regarding her dyslexia, as a significant factor in her decision, suggesting that her resignation was coerced.
The FWC was tasked with assessing whether the resignation was indeed coerced or a voluntary choice. Following deliberation, the Commission determined that the employer’s actions did not amount to coercion. Notably, the employer had taken steps such as introducing a PIP and inviting the employee to reconsider her decision, demonstrating a willingness to address the prevailing issues. Ultimately, the FWC concluded that the employer’s conduct did not compel the resignation or seek to terminate the employment relationship.
This case serves as a reminder of the intricate balance required when managing performance and accommodating disabilities in the workplace. It underscores the challenges associated with upholding employee rights, especially in scenarios involving disabilities. The significance of fostering a supportive and inclusive work environment that accommodates individuals with disabilities cannot be overstated.
This case encourages reflection on organisational policies and practices aimed at ensuring equitable treatment for employees with disabilities, emphasising the ongoing imperative to create an inclusive and supportive workplace for all individuals, regardless of their unique circumstances. Employers are reminded of the importance of proactively addressing accommodation requests and providing necessary support to employees with disabilities, thereby fostering a workplace that is fair, equitable, and supportive for all.
Disclaimer: The information provided in this blog was accurate at the time of writing and is intended as general advice. For specific advice, please call AHR on 1800 577 515.
