another week from the amount of compensation, at the rate of $1102 reduces the amount to $5,357.80.
Section 392(2)(d) – Applicant's efforts to mitigate the loss suffered because of the dismissal
[76] The Applicant submitted that she applied via Seek and Jora for local jobs and posted on FB hospitality groups looking for work. She stated that she attended one interview for a café manager at Pacific Fair. The further evidence provided at the hearing satisfies me that the Applicant has taken appropriate steps to mitigate her loss and no further deduction should be made on that basis.
Section 392(2)(a) - effect of the order on the viability of the Respondent's enterprise
[77] There was no evidence that an order that the Respondent pay compensation to the Applicant would affect the viability of the Respondent.
Section 392(2)(b) - length of the Applicant's service with the Respondent
[78] The duration of the Applicant's employment was a period of about 14 months. I do not propose to amend the compensation figure on account of this issue.
Section 392(2)(g) - any other matter that the FWC considers relevant
[79] There are no other matters that I consider relevant.
CONCLUSION ON REMEDY
[80] I intend to issue an order that the Respondent, Sens Catering Group Pty Ltd, pay to the Applicant, Ms Kristen Gordon, the sum of $5,357.80 gross taxed according to law, plus 9.5% superannuation on that amount paid into Ms Gordon's nominated superannuation fund within 21 days of the date of this decision. An order to that effect will be issued separately and concurrently with this decision.
Cf Simpson
COMMISSIONER
Appearances:
Ms Kristen Gordon on her own behalf.
Hearing details:
2022
Brisbane (by Telephone)
1 July
