The Federal Magistrates’ Court has dismissed an employee’s claim that he was performance managed for making a complaint.

Two managers raised concerns with an employee regarding his behaviour at work and responsibility for low sales figures.  The employee submitted a complaint in relation to the managers’ allegations, and was dissatisfied with the investigation by the CEO.  The employee contended that he was:

  • suspended on pay pending the results of the investigation;
  • threatened with disciplinary action and dismissal; and
  • over supervised,

because he had made the complaint.  The employee resigned, alleging constructive dismissal.

The Court held that the frequent supervision of the employee was not oppressive conduct which “forced” the employee to resign.  Rather, the conduct was a result of the employer’s “legitimate” concerns regarding the employee’s misconduct and not in response to the complaint.  Driver FM found that the alleged “threats” were merely reasonable warnings regarding future detriment for non-compliance with employer policies.

Ramos v Good Samaritan Industries (No.2) [2011] FMCA 341