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 statutory considerations; see sub-sec 392(2)(a),Fair Work Act 2009.

One of the considerations is the length of the person’s service with the employer. In Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd T/A Oscar’s Restaurant (2017) FWC 3544 delivered 5 July 2017 Deputy President Bull, discounted an award of compensation for unfair dismissal by 25 per cent due to the employee having served only 1.5 years of service. His Honour pointed to  Sprigg v Paul’s Licenced Supermarket 88 IR 21 at 33 where it was held that service of 10 years favoured an order for compensation and that there should be no diminution of any amount awarded based on the length of service.