Compensation for unfair dismissal where there is no money loss

The Fair Work Commission has decided that it is appropriate to award an applicant found to have been unfairly dismissed…

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Discounts to compensation for unfair dismissal (misconduct)

The Fair Work Commission routinely discounts awards of compensation for unfair dismissal where the employee has contributed to the dismissal…

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Calculating compensation for unfair dismissal

When calculating compensation for unfair dismissal, the Fair Work Commission is bound to take into account a number of mandatory…

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Unfair dismissal; reinstatement and compensation

The tactical perils of declining reinstatement Where an employee wins an unfair dismissal case, but has unreasonably refused to accept…

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Unfair dismissal; the remedies

Reinstatement The primary remedy for unfair dismissal is reinstatement (Fair Work Act, sub-sec 390(3)). If reinstatement is ordered, the Commission…

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Remedies for unfair dismissal; compensation

Where an employee wins an unfair dismissal case, but the Commission does not order that the employee be reinstated to…

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Compensation for unfair dismissal; discounts for contingencies

One of the principles which attends the Fair Work Commission’s work when calculating or assessing compensation for unfair dismissal is…

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Calculating compensation for unfair dismissal

The leading case on the calculation of compensation for unfair dismissal is routinely held to be Sprigg v Paul Licensed…

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Calculating compensation for unfair dismissal; mitigation

Where an employee wins an unfair dismissal case, and the Commission decides not to order reinstatement of the employment as…

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Calculating compensation for unfair dismissal; the law

“The approach to the calculation of compensation is set out in a decision of a Full Bench of the Australian…

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