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Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Ian Birchley
v
Downer EDI Mining Pty Ltd
(U2018/10780)
DEPUTY PRESIDENT ASBURY BRISBANE, 11 OCTOBER 2019
Application for an unfair dismissal remedy.
The decision issued by the Fair Work Commission on 20 September 2019 in [[2019] FWC
6336 PR712311] is corrected as follows:
[1] At paragraph [122] the figure of $28.872.00 is deleted and replaced with the figure of
$30,476.00.
[2] Paragraph [128] is deleted and replaced as follows:
“I conclude as follows:
1. An order for the payment of compensation in the amount below would not affect the
viability of Downer’s business.
2. The period of the Applicant’s employment was just under two years and no
deduction from compensation should be made on this basis.
3. But for the dismissal, the Applicant would likely have earned an amount of
$30,476.00.
4. Given the length of the period over which I have assessed compensation on the
basis of how long the Applicant would have remained in employment and the other
deductions I have made, I make no deduction for contingencies.
5. I have decided to make a deduction of 25% ($7619.00) for failure of the Applicant
to mitigate loss.
6. The Applicant had no earnings from other sources during period over which I have
assessed compensation and I make no deduction on this basis. I make no deduction
for income likely to be earned during the period between the making of my order and
the actual compensation.
7. I have decided to make a deduction of 25% for the contribution that the Applicant
made to the termination of his employment ($7619.00).
8. I make no deduction in respect of misconduct.
9. The amount of compensation is less than the compensation cap calculated in
accordance with s. 392(5) and s. 392(6).”
[2019] FWC 6336
CORRECTION TO DECISION
E AUSTRALIA FairWork Commission
[2019] FWC 6336
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[3] At paragraph [129] the figure of $14,436.00 is deleted and replaced with the figure of
$15,238.00.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR713273
IR WORK COMMISSION THE EAL OF THE
