The latest data from a survey of persons retrenched in the last 3 years from the Australian Bureau of Statistics reveals that: – the average period of unemployment for all persons is 21.8 weeks. Error of the data is calculated at 1 week. – for older persons, the average period of unemployment is 31.2 weeks. […]
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 […]
“The amount of compensation has to be considered in the context of the statutory criteria and the authorities. In this regard, I note the comments in Double N Equipment Hire Pty Ltd t/a A1 Distributions v Allan Humphries [2016] FWCFB 7206 at [16] (which was cited with approval in Balaclava Pastoral Co Pty Ltd t/a Australian Hotel Cowra v […]
There is a reasonably methodical formula which the Fair Work Commission applies to calculating the amount of compensation which should be ordered when it has found that a dismissal is relevantly unfair and that reinstatement is not appropriate. Here is an example of the process in action. “The methodology to be adopted by the Commission […]
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 […]
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; 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 […]
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 […]
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 […]
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 […]
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