Under sec 391(3) of the Fair Work Act, the Fair Work Commission is empowered if ordering the reinstatement of an unfairly dismissed employee to also order that the employer pay to the employee any remuneration lost, or likely to have been lost, by the employee because of the dismissal.
It is an interesting (but entirely side) question whether such an order is subject to the statutory cap on compensation under sec 392 with the answer also certainly being no because the Act does not refer to lost pay as compensation.
In any event in Beamish v Calvary Health Care Tasmania Limited (2016) FWC 1816 delivered 25 May 2016 per Gregory C the FWC declined to make an order for the restoration of lost remuneration because the employee had failed to rake reasonable measures to mitigate her loss.
“I decline to make such an Order primarily because of the failure by Ms Beamish to mitigate her loss since her dismissal. However, at the same time I understand the reason why this is the case.”