Compensation for unfair dismissal: deduct redundancy pay?

Employee was dismissed by his employer on the basis that is position had become redundant but without the statutory consultation which is required by s.389 of the Fair Work Act for it to constitute a “genuine redundancy” and thus be a complete jurisdictional defence to the employer. The employer paid the employee the statutory redundancy […]

Unfair dismissal compensation; the principles

When the Fair Work Commission determines that the termination of an employee constituted an unfair dismissal, it will then turn to determine whether reinstatement is the appropriate remedy and if not, to assess compensation for unfair dismissal. The following is a brief extract from a recent decision of the Commission which deals in a summary […]

Unfair dismissal compensation

Compensation for unfair dismissal; the care required to calculate What follows is an extract from a recent decision of a Full Bench of the Fair Work Commission which identifies the care and the principles which must be applied to the task of calculating compensation for unfair dismissal. “We are satisfied that the grant of permission […]

Unfair dismissal and compensation

Unfair dismissal; compensation principles There are times when the dismissal of an employee may be judged by the Fair Work Commission as relevantly unfair, and thus warrants compensation to be paid, based solely upon a procedural deficiency rather than the merits of the substantive reason for the dismissal. Similarly, there are occasions when the Fair […]

Unfair dismissal, not redundancy

I am often approached by employees who have been dismissed on the ground of redundancy, and have been paid statutory redundancy, but want to consider taking an unfair dismissal application to the Fair Work Commission on the basis that he or she regards the redundancy as manifestly unfair or an unfair dismissal dressed up as […]

Unfair dismissal compensation

Unlike the common law courts in Australia, which as a general rule may order damages for both economic and non-economic loss, the Australian industrial tribunals such as the Fair Work Commission and the Western Australian Industrial Relations Commission are not permitted to include in an award of compensation for unfair dismissal any component which represents […]

Unfair dismissal compensation

When assessing compensation for unfair dismissal, the Fair Work Commission must factor in the matters which are dealt with in s.392 of the Fair Work Act 2009. It also does so by following principles expounded in the leading case of Bowden v Ottrey Homes Cobram and District Retirement Villages Inc (2013) FWCFB 4314. One of the […]

Compensation for unfair dismissal

The effect of the statutory cap of 6 months’ remuneration or one half of the high income threshold for compensation for unfair dismissal claims in the Fair Work Commission is illustrated by the decision in Colson v Barwon Health, which can be found at this link http://www.fwc.gov.au/documents/summaries/201 Dr Colson was successful in bringing an unfair […]

Calculating compensation for unfair dismissal: the principles

Arndt v Crown Business Solutions Pty Limited, Australian Industrial Relations Commission, constituted by Deputy President Ives in Melbourne on 22 July 2003 is often cited in Fair Work Commission judgments as a leading authority on the proper approach to be taken in assessing compensation for unfair dismissal, and as such provides a good illustration of […]

Unfair dismissal and casual employees

Sokolovic v Modestie Fashion Australia Pty Ltd (2011) FWA 3063 contains a thorough analysis of the circumstances in which the Fair Work Commission (then Fair Work Australia) will factor the regular and systemic employment of an employee otherwise regarded by the employer as a casual employee in determining whether the employee qualifies under s.382 and […]