In wrongful dismissal, the employee is entitled to wages from dismissal to the end of the contract, calculated on the assumption the employer would have exercised any power to terminate at the earliest date it could properly do so.

The Commission has not infrequently declined to make lost pay orders where reinstatement is ordered; each case will turn on its own facts.

A claim for lost wages following dismissal constitutes a claim for unliquidated damages for wrongful dismissal and falls within s23A(1)(ba) as compensation for loss caused by dismissal.

Wages are earned by service under the subsisting relationship of master and servant; a wrongful discharge extinguishes the earning of wages, leaving only a remedy in unliquidated damages for wrongful dismissal.

A lost pay order is discretionary and may be declined even where reinstatement is ordered, particularly where the conduct, while not warranting dismissal, involved a significant breach of safety requirements.

In calculating compensation for unfair dismissal, the Commission must estimate the 'anticipated period of employment'—how long the employee would have remained in employment but for dismissal. Only monies earned during the period from termination until the end of the anticipated period are deducted.

Reasonably incurred costs in mitigation or attempted mitigation of loss are compensable, with it being a question of fact whether a person acted reasonably in incurring the costs.

The expenses of completing a university degree or acquiring knowledge through training are not capital assets and are reasonably incurred in mitigation of loss, even though they may result in acquisition of skills.

The loss compensable under s23A is calculated as the difference between what the applicant would have earned had dismissal not occurred and what the applicant actually earned through mitigation efforts.

Where a Commission makes an order for reinstatement due to harsh and unreasonable dismissal, the Commission may reduce the amount of back pay to reflect the employee's misconduct, but the employee's remorse and receipt of mental health treatment for issues that contributed to the conduct should be taken into account in determining whether and by how much to reduce back pay.

In calculating remuneration 'would have been likely to receive' under s.392(2)(c), seasonality in work patterns should be accounted for when projecting future earnings, rather than relying solely on the final 26 weeks of employment if those weeks fall within an atypical low-earning period.

Where reinstatement is ordered, the Commission may make an order for lost pay under s.391(3) if it considers this appropriate; there is no automatic entitlement to lost pay, and the Commission must consider the employee's mitigation efforts and the circumstances of dismissal.