Termination of Employment – remedy – compensation – s.394 Fair Work Act 2009 – at first instance Commission found that the applicant had been unfairly dismissed – at that time, Commission unable to determine an amount of compensation due to insufficient material – respondent provided information relating to income likely to have been received – respondent submitted that applicant’s calculations were not supported by proper evidence – respondent further submitted that it should not be held liable for the failure of the applicant to obtain other paid employment, because the applicant had accepted employment where she agreed not to be paid for the first year – Commission satisfied that applicant made reasonable efforts to mitigate loss – Commission found provisional amount of compensation of $57,986.66 – provisional amount reduced to the compensation cap of $36,241.66 – respondent ordered to pay $36,241.66 (gross), less taxation as required by law. Obatoki v Mallee Track Health & Community Services.
