FWC looks at compensation calculations in unfair dismissal cases

“Loss of compensation is usually calculated by estimating how long (the employee) would have remained in the relevant employment relationship without the termination of their employment. We call this period the ‘expected employment period’…”

The Commission found that the security guard would likely have remained with the employer for at least another year.

This assessment took into account his long service record, positive workplace relationships and the fact that there was no indication that he intended to leave or anticipate dismissal for any other reason.

After his dischargethe security officer experienced significant emotional distress as a result of the February incident. He consulted a clinical hypnotherapist, who reported that the incident had affected his daily life, marriage, sleep patterns and overall sense of security.

Despite these challenges, he actively sought new work, submitting seven to eight applications every week for positions as a security officer or disability support worker.