TERMINATION OF EMPLOYMENT – remedy – ss.392, 394 Fair Work Act 2009 – application for relief from unfair dismissal successful – reinstatement not appropriate – compensation appropriate – material filed prior to issuing of decision was insufficient to deal properly with issue of compensation – parties afforded further opportunity to file submissions on compensation – approach to calculation of compensation in McCulloch followed – payment of maximum amount of compensation would not affect viability of respondent’s business – applicant had performed almost 11 years of service with respondent, and length of service no justification for reduction in applicant’s compensation – Commission satisfied that, were it not for dismissal, applicant would have remained in respondent’s employ for at least a further six months – applicant made reasonable attempts to mitigate loss and no deduction should be made on this basis – local unemployment level and physical disability of applicant relevant to efforts to mitigate loss – remuneration earned in six months following dismissal and payment in lieu of notice deducted from amount of compensation – no deduction for misconduct – total amount of compensation equal to $30,178.89 plus applicable superannuation. Carrick v Life Without Barriers
