Benchmark WA Industrial Relations Case Database

Compensation for unfair dismissal

remedy BOTH compensation_unfair_dismissal branch: remedies

Synthesis · 2323 tagged cases

2323 tagged decisions (342 as primary). Of primary decisions, the most common outcome is 'granted' (193, 56%).

Outcome distribution

Outcomen%
For applicant granted 193 56%
Resolved partial 104 30%
Against applicant dismissed 31 9%
Resolved (unspecified) 7 2%
Against applicant dismissed_jurisdiction 3 1%
Resolved allowed 1 0%
Resolved adjourned 1 0%
For applicant upheld 1 0%
Resolved other 1 0%

By jurisdiction

Courtn
Fair Work Commission1061
Single Commissioner (WAIRC)752
Fair Work Commission (Full Bench)200
Full Bench (WAIRC)81
Fair Work Australia (former)41
Fair Work Australia (Full Bench, former)25
Federal Court of Australia21
Industrial Appeal Court20
WA Court of Appeal17
Federal Circuit Court of Australia12
IRCA11
Public Service Appeal Board (former)11
Federal Magistrates Court (former)10
AATA10
High Court of Australia5
Federal Court (Full Court)5
AIRC Full Bench (former)5
VSC5
?5
NSWSC4
WASAT3
VCAT3
Australian Industrial Relations Commission (former)3
NSWCA2
Industrial Magistrates Court2
NSWIRComm2
NSWCATAD1
QSC1
NSWADT1
VSCA1
ACTSC1
QADT1
WA District Court1

Key articulated principles · 12

para 25 — from [2012] FWAFB 5241 FWAFB
In compensating for unfair dismissal in redundancy cases, compensation should be limited to what the employee would have received had proper consultation occurred, which may be limited to notice period compensation where the outcome would not have changed.
para 33 — from [2012] FWAFB 5241 FWAFB
When assessing compensation for unfair dismissal due to genuine redundancy situation where reinstatement is not feasible, the approach in UES (Int'l) should be applied to determine the appropriate period of pay and superannuation.
para 85 — from [2003] WASCA 36 WA Court of Appeal
Relief under s 23A of the Industrial Relations Act 1979 (WA) for harsh, oppressive or unfair dismissal is discretionary and compensatory in nature; it is not intended to punish the employer or provide a windfall to the employee, but only to compensate for demonstrated loss or injury caused by the unfair dismissal.
para 69 — from [2004] WASCA 114 WA Court of Appeal
Damages for wrongful dismissal without notice are subject to the duty to mitigate and reduction for any intervening events that would have terminated the employment.
para 20 — from [2011] FWAFB 1080 FWAFB
In calculating compensation for unfair dismissal under s.392(2)(c), a reasonable assumption must be made about the duration of employment that would have continued but for the dismissal, taking into account the employee's age, length of service, employment record, and the relevant circumstances.
para 32 — from [2011] FWAFB 1080 FWAFB
A deduction for misconduct that contributed to the dismissal must be made under s.392(3), and the percentage deducted is a matter of judgment reflecting the nature of the misconduct and its effect.
para 26 — from [2011] FWAFB 1080 FWAFB
A deduction for contingencies regarding future losses may be made when calculating compensation for lost remuneration in unfair dismissal cases.
para 52 — from [2011] FWAFB 1080 FWAFB
The general approach to calculation of compensation for unfair dismissal requires consideration of all relevant s.392(2) factors, with no single factor being paramount.
para 75 — from [2011] FWAFB 1080 FWAFB
The general approach to the calculation of compensation for unfair dismissal involves consideration of all circumstances of the case, with no single factor being paramount, but regard must still be had to each of the statutory factors.
para 4 — from [2011] FWAFB 1080 FWAFB
The methodology for assessing compensation in unfair dismissal cases should follow the approach established in Tabro Meat rather than alternative calculations proposed by parties.
para 66 — from [2011] FWAFB 1080 FWAFB
Principles for calculating compensation in unfair dismissal cases, including assessment of mitigation efforts, contingency deductions for likely future earnings, and reduction for contributory misconduct.
para 55 — from [2014] FCAFC 82 Federal Court — Full Court
An award of $100,000 in general damages for sexual harassment represents an appropriate benchmark for serious cases; general damages are not assessed by performing arithmetic adjustments to prior determinations but rather by assessing each case on its facts.

Leading cases · by citation count

CitationCourtRoleCited
[1995] HCA 24 High Court primary 103
[2012] FWAFB 5241 FWAFB primary 43
[2004] WASCA 114 WA Court of Appeal primary 32
[2011] FWAFB 1080 FWAFB primary 22
[2011] FCA 333 Federal Court primary 17
[2015] FWCFB 2267 FWC — Full Bench primary 16
[2014] FWCFB 236 FWC — Full Bench primary 14
[2017] WASCA 86 WA Court of Appeal primary 11

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[1995] HCA 24 High Court primary 1995-10-11 Resolved 103
[2012] FWAFB 5241 FWAFB primary 2012-08-14 Resolved 43
[2004] WASCA 114 WA Court of Appeal primary 2004-06-01 Resolved 32
[2011] FWAFB 1080 FWAFB primary 2011-03-16 Resolved 22
[2011] FCA 333 Federal Court primary 2011-04-08 Resolved 17
[2015] FWCFB 2267 FWC — Full Bench primary 2015-04-15 For applicant 16
[2014] FWCFB 236 FWC — Full Bench primary 2014-01-24 Resolved 14
[2017] WASCA 86 WA Court of Appeal primary 2017-05-02 Against applicant 11
[2002] WASCA 161 WA Court of Appeal primary 2002-06-18 Against applicant 10
[2016] WAIRC 862 WAIRC — Single Commissioner primary 2016-11-03 Against applicant 9
[2012] FWA 10626 FWA (former) primary 2012-12-20 For applicant 8
[2016] WAIRC 941 WAIRC — Full Bench primary 2016-12-20 Resolved 6
[2012] FWA 9517 FWA (former) primary 2012-11-12 For applicant 6
[2006] FCA 122 Federal Court primary 2006-02-24 Against applicant 5
[1907] HCA 60 High Court primary 1907-01-01 Resolved 5
[2006] WAIRC 5293 WAIRC — Full Bench primary 2006-01-01 Against applicant 4
[2022] WAIRC 49 WAIRC — Full Bench primary 2022-02-08 Resolved 3
[2021] WASCA 14 WA Court of Appeal primary 2021-01-29 Against applicant 3
[2016] FWC 834 FWC primary 2016-01-01 Resolved 3
[2015] FCCA 1827 Federal Circuit Court primary 2015-01-01 For applicant 3
[2011] FWAFB 1422 FWAFB primary 2011-03-15 Resolved 3
[2010] FWA 4342 FWA (former) primary 2010-06-23 For applicant 3
[2010] FWA 3674 FWA (former) primary 2010-05-25 For applicant 3
[2005] WASCA 197 WA Court of Appeal primary 2005-10-19 Resolved 3
[2019] FWC 4292 FWC primary 2019-06-28 For applicant 2
[2019] FWC 1687 FWC primary 2019-03-15 For applicant 2
[2017] WAIRC 832 WAIRC — Single Commissioner primary 2017-09-20 For applicant 2
[2016] FWC 241 FWC primary 2016-01-01 Resolved 2
[2016] FWC 657 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1166 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 2278 FWC primary 2016-01-01 For applicant 2
[2016] FWC 2921 FWC primary 2016-01-01 For applicant 2
[2015] FWC 1187 FWC primary 2015-01-01 For applicant 2
[2012] FWA 8384 FWA (former) primary 2012-10-01 Resolved 2
[2011] FWA 1633 FWA (former) primary 2011-03-22 Resolved 2
[2000] WASCA 346 WA Court of Appeal primary 2000-11-16 Against applicant 2
[2024] WAIRC 714 WAIRC — Single Commissioner primary 2024-07-25 For applicant 1
[2021] WAIRC 574 WAIRC — Single Commissioner primary 2021-11-12 For applicant 1
[2021] WAIRC 479 WAIRC — Single Commissioner primary 2021-08-26 For applicant 1
[2021] FWC 3343 FWC primary 2021-06-23 For applicant 1
[2021] NSWCATAD 107 NSWCATAD primary 2021-04-30 1
[2021] FWCFB 581 FWC — Full Bench primary 2021-02-05 Resolved 1
[2020] WAIRC 292 WAIRC — Full Bench primary 2020-05-26 Resolved 1
[2019] FWC 7150 FWC primary 2019-10-15 Resolved 1
[2019] FWC 6421 FWC primary 2019-09-27 For applicant 1
[2019] FWC 3442 FWC primary 2019-06-05 For applicant 1
[2019] WAIRC 240 WAIRC — Single Commissioner primary 2019-05-23 For applicant 1
[2019] WASAT 21 WASAT primary 2019-04-11 1
[2019] FWC 1533 FWC primary 2019-03-08 Resolved 1
[2018] FWC 7035 FWC primary 2018-11-20 Against applicant 1
[2017] WAIRC 805 WAIRC — Single Commissioner primary 2017-09-15 Resolved 1
[2016] FCA 1453 Federal Court primary 2016-12-08 Resolved 1
[2016] WAIRC 866 WAIRC — Single Commissioner primary 2016-11-04 For applicant 1
[2016] FWC 13 FWC primary 2016-01-01 Resolved 1
[2016] FWC 58 FWC primary 2016-01-01 For applicant 1
[2016] FWC 107 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1203 FWC primary 2016-01-01 For applicant 1
[2016] FWC 164 FWC primary 2016-01-01 Resolved 1
[2016] FWC 456 FWC primary 2016-01-01 For applicant 1
[2016] FWC 381 FWC primary 2016-01-01 Resolved 1
[2016] FWC 684 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1003 FWC primary 2016-01-01 For applicant 1
[2016] FWC 1168 FWC primary 2016-01-01 Resolved 1
[2016] FWC 940 FWC primary 2016-01-01 For applicant 1
[2016] FWC 1590 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1457 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1690 FWC primary 2016-01-01 For applicant 1
[2016] FWC 1721 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1375 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2009 FWC primary 2016-01-01 For applicant 1
[2016] FWC 1991 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2228 FWC primary 2016-01-01 For applicant 1
[2016] FWC 1646 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1652 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2357 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2267 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2453 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2454 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2251 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2838 FWC primary 2016-01-01 Against applicant 1
[2016] FWC 2703 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2786 FWC primary 2016-01-01 Resolved 1
[2016] FWC 2881 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2971 FWC primary 2016-01-01 For applicant 1
[2016] FWC 3008 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2704 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2731 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2743 FWC primary 2016-01-01 Resolved 1
[2016] FWC 3057 FWC primary 2016-01-01 Resolved 1
[2016] FWC 3188 FWC primary 2016-01-01 For applicant 1
[2016] FWC 3243 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2879 FWC primary 2016-01-01 For applicant 1
[2016] FWC 3279 FWC primary 2016-01-01 For applicant 1
[2016] FWC 2906 FWC primary 2016-01-01 Resolved 1
[2016] FWC 3641 FWC primary 2016-01-01 Against applicant 1
[2016] FWC 3129 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4460 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4573 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4842 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4317 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4906 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4914 FWC primary 2016-01-01 Resolved 1
[2016] FWC 4971 FWC primary 2016-01-01 Resolved 1
[2016] FWC 4954 FWC primary 2016-01-01 Resolved 1
[2016] FWC 5070 FWC primary 2016-01-01 For applicant 1
[2016] FWC 5066 FWC primary 2016-01-01 Resolved 1
[2016] FWC 5004 FWC primary 2016-01-01 For applicant 1
[2015] FCA 275 Federal Court primary 2015-03-27 Resolved 1
[2015] VCAT 1992 VCAT primary 2015-01-01 1
[2015] FWC 231 FWC primary 2015-01-01 Resolved 1
[2015] FWC 572 FWC primary 2015-01-01 For applicant 1
[2015] FWC 715 FWC primary 2015-01-01 Resolved 1
[2015] FWC 655 FWC primary 2015-01-01 For applicant 1
[2015] FWC 864 FWC primary 2015-01-01 For applicant 1
[2015] FWC 1039 FWC primary 2015-01-01 Resolved 1
[2015] FWC 1249 FWC primary 2015-01-01 Resolved 1
[2015] FWC 926 FWC primary 2015-01-01 For applicant 1
[2015] FWC 965 FWC primary 2015-01-01 For applicant 1
[2015] FWC 985 FWC primary 2015-01-01 Resolved 1
[2014] FCCA 1553 Federal Circuit Court primary 2014-07-17 For applicant 1
[2014] FWC 60 FWC primary 2014-01-01 For applicant 1
[2013] FWC 760 FWC primary 2013-02-05 Resolved 1
[2013] FWC 36 FWC primary 2013-01-01 For applicant 1
[2013] FWC 97 FWC primary 2013-01-01 For applicant 1
[2013] FWC 81 FWC primary 2013-01-01 Resolved 1
[2013] FWC 585 FWC primary 2013-01-01 For applicant 1
[2013] FWC 432 FWC primary 2013-01-01 For applicant 1
[2013] FWC 501 FWC primary 2013-01-01 For applicant 1
[2013] WAIRC 432 WAIRC — Single Commissioner primary 2013-01-01 Resolved 1
[2012] FWA 8303 FWA (former) primary 2012-10-10 Resolved 1
[2012] FWA 8300 FWA (former) primary 2012-10-09 For applicant 1
[2012] FWA 4382 FWA (former) primary 2012-05-24 For applicant 1
[2012] FWA 3737 FWA (former) primary 2012-05-01 Resolved 1
[2012] FWA 3043 FWA (former) primary 2012-04-19 Resolved 1
[2012] FWA 1251 FWA (former) primary 2012-02-21 For applicant 1
[2011] FWAFB 5944 FWAFB primary 2011-09-05 Resolved 1
[2011] FWA 3407 FWA (former) primary 2011-06-08 For applicant 1
[2010] FWA 8462 FWA (former) primary 2010-11-04 For applicant 1
[2010] FWA 7704 FWA (former) primary 2010-10-15 For applicant 1
[2010] FWA 5713 FWA (former) primary 2010-09-28 Resolved 1
[2010] WAIRC 790 WAIRC — Full Bench primary 2010-08-13 Resolved 1
[2010] FWA 4179 FWA (former) primary 2010-06-16 For applicant 1
[2010] FWA 675 FWA (former) primary 2010-02-10 For applicant 1
[2005] WAIRC 2073 WAIRC — Full Bench primary 2005-01-01 Against applicant 1
[2005] WAIRC 1309 WAIRC — Full Bench primary 2005-01-01 For applicant 1
[2003] WASCA 175 WA Court of Appeal primary 2003-08-08 Resolved 1
[2002] WASCA 22 WA Court of Appeal primary 2002-02-01 Against applicant 1
[1996] IRCA 267 IRCA primary 1996-06-12 1
2026 WAIRC 00212 WAIRC — Single Commissioner primary 2026-04-10 Resolved 0
2026 WAIRC 00095 WAIRC — Single Commissioner primary 2026-02-13 Against applicant 0
2026 WAIRC 00078 WAIRC — Single Commissioner primary 2026-02-11 Resolved 0
[2026] FWC 137 FWC primary 2026-01-01 Resolved 0
[2026] FWC 301 FWC primary 2026-01-01 For applicant 0
[2026] FWC 318 FWC primary 2026-01-01 Resolved 0
[2026] FWC 347 FWC primary 2026-01-01 For applicant 0
[2026] FWC 371 FWC primary 2026-01-01 For applicant 0
[2026] FWC 420 FWC primary 2026-01-01 For applicant 0
[2026] FWC 471 FWC primary 2026-01-01 Against applicant 0
[2026] FWC 604 FWC primary 2026-01-01 For applicant 0
[2026] FWC 671 FWC primary 2026-01-01 Resolved 0
[2026] FWC 839 FWC primary 2026-01-01 For applicant 0
[2026] FWC 800 FWC primary 2026-01-01 Resolved 0
[2026] FWC 951 FWC primary 2026-01-01 For applicant 0
[2026] FWC 898 FWC primary 2026-01-01 Resolved 0
[2026] FWC 976 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1015 FWC primary 2026-01-01 0
[2026] FWC 1084 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1255 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1361 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1418 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1432 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1322 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1352 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1441 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1505 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1506 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1615 FWC primary 2026-01-01 For applicant 0
[2026] FWC 1633 FWC primary 2026-01-01 For applicant 0
[2026] FWCFB 21 FWC — Full Bench primary 2026-01-01 Against applicant 0
[2026] FWCFB 63 FWC — Full Bench primary 2026-01-01 Against applicant 0
[2025] FWC 24 FWC primary 2025-01-01 For applicant 0
[2025] FWC 113 FWC primary 2025-01-01 For applicant 0
[2025] FWC 49 FWC primary 2025-01-01 For applicant 0
[2025] FWC 58 FWC primary 2025-01-01 For applicant 0
[2025] FWC 67 FWC primary 2025-01-01 For applicant 0
[2025] FWC 145 FWC primary 2025-01-01 Resolved 0
[2025] FWC 150 FWC primary 2025-01-01 For applicant 0
[2025] FWC 215 FWC primary 2025-01-01 For applicant 0
[2025] FWC 158 FWC primary 2025-01-01 Resolved 0
[2025] FWC 220 FWC primary 2025-01-01 For applicant 0
[2025] FWC 186 FWC primary 2025-01-01 Resolved 0
[2025] FWC 371 FWC primary 2025-01-01 For applicant 0
[2025] FWC 421 FWC primary 2025-01-01 For applicant 0
[2025] FWC 277 FWC primary 2025-01-01 For applicant 0
[2025] FWC 463 FWC primary 2025-01-01 For applicant 0
[2025] FWC 315 FWC primary 2025-01-01 For applicant 0
[2025] FWC 332 FWC primary 2025-01-01 Resolved 0
[2025] FWC 288 FWC primary 2025-01-01 For applicant 0
[2025] FWC 322 FWC primary 2025-01-01 For applicant 0
[2025] FWC 389 FWC primary 2025-01-01 For applicant 0