What follows is a brief extract from a recent unfair dismissal case in the Fair Work Commission which is a useful explanation of the Commission’s powers in such a case.
“[14] It was clear during both the initial case management conference and the hearing that Mr Nicholson’s primary motivation in pursuing the unfair dismissal claim was to recoup his outstanding entitlements. I explained to the parties that the Commission does not have power to order an employer to pay outstanding wages and leave in response to an unfair dismissal application. I also explained that although the Commission has the power to order compensation as a remedy in an unfair dismissal claim, this may not be available in Mr Nicholson’s case as he had advised the Commission that he experienced no financial loss with respect to wages between the time he ceased employment with Macarthur Energy and commenced employment with a new employer the following working day. Mr Nicholson said he wanted to pursue the unfair dismissal application because he had experienced so much difficulty in being paid his entitlements and felt that commencing legal proceedings was the only way that Mr Cox would seriously consider his claims.”
Nicholson v MacArthur Energy Pty Ltd [2025] FWC 3018 delivered 9 October 2025 per Wright DP