the Applicant v GPC Asia Pacific Pty Ltd
Citation: [2026] FWC 2680
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as a Supply Chain Planner by GPC Asia Pacific Pty Ltd. Following an annual performance review in January 2025 where he received a “Needs Improvement” rating, he participated in training sessions and was moved into the Item Class D category. In April 2025, he raised concerns about workplace issues and pay increases, after which his manager, the Manager, initiated a Performance Improvement Plan (PIP). The PIP outlined specific performance objectives and review dates. Throughout May and June 2025, several emails were sent to the Applicant highlighting overdue tasks and areas needing improvement. A written warning was issued in June 2025, followed by another in August 2025 after a co-worker identified issues with stock levels due to open purchase orders. An email from a client raised concerns about data discrepancies.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. Deputy President Lake found the Applicant was not unfairly dismissed. The Commission determined that the Applicant made his application within the required timeframe, earned less than the high-income threshold, and the Small Business Fair Dismissal Code did not apply. The decision focused on whether the Respondent had a fair reason to dismiss him, which it did due to ongoing performance concerns despite the PIP.
What it means for employers
Employers should ensure that Performance Improvement Plans (PIPs) are clearly communicated, regularly reviewed, and provide adequate support for employees. Consistent feedback and documentation of performance issues are crucial before considering dismissal. The Respondent’s actions in implementing a PIP and providing opportunities for improvement were considered positive factors.
What it means for employees
Employees subject to a PIP should actively engage with the process, seek clarification when needed, and address identified areas of concern. It is important to understand performance expectations and take steps to meet them. Employees should document any support or resources provided by their employer.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →