Compensation for unfair dismissal; what is the lost pay?

Where a dismissal is held to have been relevantly unfair due to deficiencies of process (for example it was procedurally unfair) and the termination of the applicant’s employment was inevitable (for example the employee was not able to met the inherent requirements of the job), compensation for unfair dismissal is to be assessed on the basis of how long the employment would have persisted for in the face of a fair process.

“If the Applicant’s dismissal was inevitable then the Appellant is correct in contending that the starting point in assessing compensation is how long a procedurally fair process would have taken”. Hanson Construction Materials Pty Ltd v Pericich [2018] FWCFB 5690.

And see Migunthanna Kariyakaranage v Promo Brands Pty Ltd (2020) FWC 2190 delivered 28 April 2020 per Mansini DP