I am a white collar professional working (under an Enterprise Agreement) for an organisation that has publicly declared that it is undergoing extensive change, but am currently being accused of unsatisfactory performance, which I believe is merely a ruse by my employer to terminate me cheaply, without declaring redundancy and making a severance payment that I would be entitled to under the EA.
I am wondering:
I'm a mid-range performer compared to other similar employees in my team, but the employer would clearly prefer to retain the top performers after the change process, and so can enact change just by elevating performance expectations to terminate employees that it doesn't want.
If I appealed unfair dismissal (for unsatisfactory performance) through Fair Work Australia, then the remedy that I might receive would be much less than my potential severance payment.
Thanks
I am wondering:
- What evidence does an employer need to provide to justify termination due to unsatisfactory performance rather than workplace change? (both are covered by the EA)
- What should I do to maximise the chance that I receive what I am potentially entitled to? (approximately 1 year of severance pay)
I'm a mid-range performer compared to other similar employees in my team, but the employer would clearly prefer to retain the top performers after the change process, and so can enact change just by elevating performance expectations to terminate employees that it doesn't want.
If I appealed unfair dismissal (for unsatisfactory performance) through Fair Work Australia, then the remedy that I might receive would be much less than my potential severance payment.
Thanks