There are several factors that are taken into account when determining the amount of compensation to be paid in unfair dismissal, these include:

  • effect of order on employer’s business
  • length of service
  • remuneration received or likely to have been received if a person not dismissed
  • attempts at mitigation
  • the amount earned from the date of dismissal to order
  • the amount reasonably likely to have been earned from making of the order to the payment of compensation

Can I be awarded compensation for my shock, distress, hurt or humiliation?

No, you cannot be awarded damages for things that are not included in the factors listed above.

How much compensation can I get?

The maximum amount of compensation you can get for unfair dismissal is capped and cannot exceed 6 months wages or half the amount of the high-income threshold, whatever is lesser. That means if 6 months wages is $30,000 but half the amount of the high-income threshold is $71,000, your compensation is capped at $30,000. Similarly, if half your wages is $90,000 and half the amount of the high-income threshold is $71,000, your compensation is capped at $71,000.

What is the high-income threshold?

The high-income threshold is indexed annually and from 1 July 2017 to June 30th, 2018, it is $142,000.