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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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…

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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…

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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…

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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…

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