Unfair dismissal - what remedies are available?

This guidance note provides expert legal insight into the remedies available under the Fair Work Act 2009 (Cth) for unfair dismissal claims. Practitioners must understand the strategic considerations the Fair Work Commission (FWC) applies when awarding remedies, including reinstatement and compensation.

Topics Covered

When will the FWC award a remedy?
Which remedy will be awarded?
When will a reinstatement be ordered?
When will compensation be awarded?
Contravening FWC orders — enforcement and penalties

Essential Insights

Assess the complex criteria the FWC uses to decide between reinstatement and compensation without full disclosure of case specifics.
Understand how loss of trust and confidence critically affects the appropriateness of reinstatement orders.
Consider the nuanced impact of employee incapacity on remedy decisions, beyond straightforward eligibility.
Recognise the statutory limits on compensation and how misconduct influences compensation reductions.
Evaluate the significance of an employee’s efforts to mitigate loss and how this shapes compensation outcomes.
Be aware of enforcement challenges and penalties for contravening FWC orders, a vital but often overlooked risk.

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