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…

Read More →

Compensation for unfair dismissal; allowing for contingencies

Compensation for unfair dismissal; contingencies The principles in Barclay were summarised as follows by the Full Court of the Federal…

Read More →

Compensation for unfair dismissal; contingencies

“As I set out in an earlier decision (see Mr Michael Efford v BTE Technology [2016] FWC 657): “It is…

Read More →

How to calculate compensation for unfair dismissal

In Brett Haigh v Bradken Resources Pty Ltd T/A Bradken the Commission said: ‘The frequently quoted case on compensation calculations…

Read More →

The pesky issue of contingencies in compensation for unfair dismissal

“It is important to appreciate that a deduction for contingencies is applied to prospective losses, that is loss occasioned after…

Read More →

Deductions for contingencies in assessing compensation for unfair dismissal

Discount for contingencies It is necessary to consider whether to discount the remaining amount for “contingencies”. This step is a…

Read More →

Order to restore lost pay with reinstatement; unfair dismissal

Under sec 391(3) of the Fair Work Act, the Fair Work Commission is empowered if ordering the reinstatement of an…

Read More →

A bob each way; compensation principles for unfair dismissal

The following is a reasonably good example of a Fair Work Commission unfair dismissal case where an employee was dismissed…

Read More →

Fair Work Commission please explain

There really are some “unexpected” decisions from the Fair Work Commission from time to time. In Welsby v Artis Group…

Read More →

Discounting compensation for unfair dismissal for failing to mitigate loss

In assessing compensation for unfair dismissal, once the Fair Work Commission has considered and reject the primary remedy of reinstatement…

Read More →