Remuneration

See Fair Work Act 2009 s.392(2)(e) and (f)

The Fair Work Commission may take into account any remuneration earned by the employee between the dismissal and making the order for compensation.[1]

The Commission may take into account any income earned between the order for compensation and the receipt of the compensation.[2]

Employee earned other remuneration

McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues Club [2012] FWA 6684 (Asbury C, 7 August 2012).

The time between the issuing of the order and the actual receipt of compensation received would be 21 days.

It was found that the employee had commenced new employment since the dismissal which paid a fortnightly gross salary of $1,882.69 and fortnightly superannuation contributions of $169.44.

The Commissioner deducted the amounts of $2,824 and $254.16 from the compensation ordered (in addition to amounts deducted for amounts earned between dismissal and the date of the compensation order). These amounts were the wages and superannuation likely to be earned during the 21 day period.