Dyslexic worker claims ‘unfair’ performance plan forced him to quit

Background and performance concerns

The worker began her role as an Event Supervisor at Alpine Resorts Victoria (ARV) on December 5, 2022. She initially worked remotely due to a landslide blocking access to Falls Creek. Around mid-February 2023, she began working on-site and disclosed to her manager that she had dyslexia.

In September 2023, a new manager took over the company and quickly became concerned about the worker’s performance. These issues included poor communication skills, failure to follow directions, and an inability to manage workload and meet deadlines.

Specific incidents raised by the employer included issues relating to the organisation of major events such as their Falls Creek Feastival and the Falls Creek Long Lunch 2024. For example, the employer said the worker failed to obtain the necessary planning permission from Parks Victoria for an event, which was described as a “serious error”.

Performance management process

On February 20, 2024, ARV initiated a formal performance management process. The worker was presented with detailed allegations about her performance and given the opportunity to respond. The employer’s letter highlighted four main areas of concern:

“(The worker) was informed, both at the meeting and in the letter, that she would be terminated while an investigation was conducted into the allegations made against her and that she was required to provide a written response to the detailed questions by close of business on Wednesday, February 21, 2024.”