A Muzz Buzz franchisee’s unfair dismissal case has come to an end. You’ll recall this post and that the FWC described the emails “like a fight between two young children”. The last part was a hearing into what compensation the sacked employee should receive.
Whether compensation should be paid will only be considered if the FWC considers reinstatement is not appropriate. The FWC made that decision in the last hearing. The compensation can be up to six months’ wages.
Here, the employee gave evidence that she would have stayed for another 18 months or so. She gave cogent reasons on why. That was enough to cover that six month period. Money actually earned elsewhere during the six months after dismissal was deducted.
The employer said that one of its two locations (Rowville) might get closed down. The FWC didn’t take this into account. The employer didn’t provide any evidence to support its claim of hardship. That’s despite the FWC specifically stating that “mere assertion of difficulties would not suffice”.
The FWC ordered the employer to pay the employee $15,456.96 plus 9.5% superannuation (paid into the employee’s superannuation fund).