The pesky issue of contingencies in compensation for unfair dismissal

“It is important to appreciate that a deduction for contingencies is applied to prospective losses, that is loss occasioned after the date of the hearing:
“…A discount for contingencies is a means of taking account of the various probabilities that might otherwise affect earning capacity. At the time of hearing any such impact on an applicant’s earning capacity between the date of termination and the hearing will be known. It will not be a matter of assessing prospective probabilities but of a making a finding on the basis of whether the applicant’s earning capacity has in fact been affected during the relevant period.”” See Jayleen Kool v Adeeco Industrial Pty Ltd (2016) FWC 925