TERMINATION OF EMPLOYMENT – remedy – compensation – ss.390, 392, 394 Fair Work Act 2009 – decision issued 31 May 2016 found termination of applicant to be harsh, unjust and unreasonable [[2016] FWC 3542] – directions issued to each party for submissions on appropriate remedy – on 17 October 2016 Commission checked ASIC liquidation notices database and found Ashford Homes was being wound up voluntarily – ss.440D, 471B, 500 Corporations Act 2001 (Cth) considered – applicant sought compensation up to statutory cap – respondent submitted compensation manifestly unfair due to applicant’s misuse and over spending of company supplied fuel card – applicant employed with respondent for four years and two months – Commission determined total period applicant would have received remuneration had he not been dismissed to be 12 weeks – determined applicant would have received $31,035.25 – Commission satisfied applicant attempted to mitigate loss from date of dismissal – determined compensation would need to put applicant back in financial position he would have been in had he not been dismissed – amount to include applicable superannuation with appropriate tax deduction – compensation of $31,035.25 including applicable superannuation with appropriate tax deduction to be paid within 30 days of decision. Bechara v Ashford Homes P/L t/a Ashford Homes
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