Hospital argues it held 'genuine concerns' about performance
A doctor recently filed a dismissal claim against his hospital-employer after the latter’s repeated notices that he would be put on performance management plans.
He said that in addition to the hospital’s “stressful” workplace environment, the employer also raised the option of resignation if he didn’t follow its directions.
Dr Hasnain Bashir was employed as an administrative officer by Calvary John James Hospital (Calvary Hospital) from 28 August 2017 until 10 May 2023. Bashir sought an unfair dismissal remedy before the Fair Work Commission (FWC) against Calvary Hospital.
Performance improvement plans
On 1 November 2022, Bashir found himself under a performance improvement plan concerning the use of appropriate templates and enhancing patient service levels.
A second plan was issued on 15 December, focusing on data entry and the proper use of equipment. Around the same time, Bashir was informed of the need to work in another section of Calvary Hospital.
A meeting happened on 14 April 2023 with Bashir and the employer’s management to discuss Bashir’s performance. On 27 April, Rachelle Chiffonne, the hospital’s patient services manager, expressed ongoing concerns about Bashir's performance, proposing a new performance management plan.
Bashir, who resisted at first, eventually agreed to meet the next day after Chiffonne insisted. Unexpectedly, the next day, Bashir informed Chiffonne via email that he was leaving work due to feeling unwell.
Later that day, Bashir emailed Calvary Hospitals’ human resources team, detailing workplace stress and its impact on his health. The email outlined issues with the workplace culture, citing stress, depression, anxiety, and a decline in team dynamics.
Subsequently, another meeting was scheduled to discuss ongoing performance concerns. Bashir asserted that some issues had been resolved, denying other concerns and claiming mistreatment.
Chiffonne proposed a performance management plan, suggesting a change in Bashir's work location. He declined, leading to his resignation on 10 May. He handed in a prepared resignation letter, citing dissatisfaction due to unavoidable circumstances and a stressful environment.
Was there forced resignation?
Bashir was “not forced to resign,” the FWC said. “Faced with the possibility of further performance management, Dr Bashir made a choice: not to participate in that process and instead to bring the employment relationship to an end.”
“The intention of Calvary Hospital in seeking to place Dr Bashir on a performance management plan was to resolve its concerns about his performance, in connection with customer and staff complaints. These were genuinely held concerns,” it added.
Moreover, it said that when “[the employer] raised the prospect of resignation with Dr Bashir, [it] was in the context of explaining the consequences of Dr Bashir failing to improve his performance under the proposed performance management plan. No plan had yet been implemented.”
“The prospect of resignation was a future possibility, rather than any ultimatum given to Dr Bashir,” it said.
He ‘decided to resign’
Furthermore, the Commission said that “Dr Bashir took the opportunity to consider his position. He decided not to participate in the performance management plan. In his own words, he ‘decided to resign.’ He put his decision in writing and handed it [to the employer.]”
It also said that “resignation was not the only choice available to Dr Bashir.”
“He could have chosen to remain in employment and participate in the performance management plan. He could have met the performance concerns and had them resolved,” it said.
Thus, the Commission said that he was not dismissed but resigned on his own. It then rejected the doctor’s application against the employer.
