Positive Performance Reviews

The Fair Work Commission recently reinstated 2 workers dismissed due to their persistent negative, hostile and aggressive behaviour and attitudes.  Despite displaying these behaviours and attitudes, the workers had been assessed over a number of years in numerous performance reviews as “satisfactory”.  This meant that the Commissioner was entitled to rely upon those reviews as evidence that the employees had been “satisfactory”.

The lesson from this case is that employers need to be completely honest with employees when conducting performance reviews and that each performance or conduct issue is separately addressed and documented.