Hi. I have most recently been employed full time permanent…

We have board meeting minutes but I unfortunately don't have copies (was stood over as I boxed up my stuff and was escorted off the premises) and I am not entirely sure that this was minuted.

I wasn't given any specific KPIs in my contract, but was provided with KPIs in late October associated with an incentive scheme. The company was significantly underperforming against the financial KPI however most of this was as a result of the previous GM overording the stock and the carry over issue associated with this issue/write off (as mention in my additional info). The other incentive based KPI was in regard to the achievement of number of outlets. This target was set at 220 at the same time as the incentive scheme and we were over 170 outlets at the date i was fired, with a number of leads in the pipeline that would make this target possible. There were a number of other projects i was working on, and these were to be reported at the next board meeting. These were documents in the board meeting minutes as "areas for Fiona to focus on" but at no time was I told these were KPIs.

There is a termination clause in my agreement. This states that "For theft, assualt or fraud, instant dismissal and employment cancellation is permitted, otherwise four (4) weeks notice is required." I was provided with four weeks notice. There is also a long list of examples of behaviour "that could lead to a warning that your employment is in jeopardy". I have had no formal verbal or written warnings.

Payment may be made in lieu of notice. There is also an illness clause but i can't find any "no fault" termination.

They did state during our meeting that i had disobeyed a directive from the board regarding working from home and i did work from home about six weeks ago and again two weeks ago. For the time six weeks ago the CFO raised this as an issue within a few minutes of me informing her that, due to the current office layout and key project deadlines, i needed to work from home. I responded to her email (again, i do not have a copy of this) stating my reasons for needing to do this and asked her to let me know if this was not acceptable. She did not reply. I discussed this with her the next day, and confirmed what work i had achieved. Again, she did not raise this as an issue.

Anything else you need? :)

Thanks Maurice. I got a similar response from the Fair Work advice line this afternoon, so will contact the ombudsman in the morning.

I also just re-read my entire agreement while waiting for your reply, and it includes reference to my job specification as part of the agreement. My job spec includes key accountabilities and it could be argued that I have not achieved these HOWEVER I had an annual review in July (and again, I wasn't able to take copies of the documents) and three board members were part of this review. The overall result of this review was that, apart from two areas that needed improvement (not key achievement related), they were happy with my progress. My progress is also reviewed at each board meeting and, again, while a number of deadlines were not met, the last meeting (20th October) ended with them thanking me for my efforts. Not sure if this impacts your earlier advice, but thought it worth providing to you.

regards

FB

thanks Maurice. Have a great evening.

FB