What payments can be deducted by the Fair Work Commission from an award of compensation for unfair dismissal?
This is what the Commission’s unfair dismissal benchbook asserts about this issue.
“Social security or Centrelink payments will generally not be deducted as ‘remuneration’ for the purpose of determining the amount for lost pay.[3] Whether an employee who has received social security payments is obliged to repay those benefits is a matter between the employee and social security and is not a relevant consideration for the purpose of determining the amount of lost pay ordered.[4]
Workers’ compensation payments may be deducted from the amount ordered.[5]
Any misconduct by the employee that has led to the dismissal may reduce the amount ordered.[6]”