The employee repeatedly arrived late to work and failed to meet performance standards. The employee was performance managed and issued with several warnings. The employer dismissed the employee after his continued failure to improve. The employee brought adverse action and discrimination claims, arguing his lateness was because his sleep was disturbed as he had to care for his young child. The employee argued his family responsibilities was the objective reason for his dismissal.
The Court held the employer had lawfully dismissed the employee for poor performance and tardiness. The Court did not accept there was a logical connection between the employee’s lateness and his family responsibilities, noting that many parents manage to arrive at work on time. The Court considered the employer’s reason for the dismissal and found it did not, consciously or subconsciously, dismiss the employee because of his family responsibilities.
Bayford v Maxxia Pty Ltd  FMCA 202