the Applicant v Bytewize Pty Ltd
At a glance
- $4,406
- 1
What happened
the Applicant was dismissed from her role at Bytewize Pty Ltd on October 8, 2025. She subsequently applied to the Fair Work Commission for an unfair dismissal remedy. The company suggested the dismissal was due to misconduct, but this claim was rejected. the Applicant found new employment approximately three weeks after her termination.
What was decided
The Fair Work Commission determined the Applicant’s dismissal was unfair and ordered Bytewize Pty Ltd to pay compensation of $4,406.05 gross, less any applicable tax. The Commission applied the ‘Sprigg formula’ for calculating compensation, considering factors like lost remuneration, contingencies, and mitigation efforts. Reinstatement was deemed inappropriate.
What it means for employers
Employers should ensure dismissal reasons are valid and defensible. Claims of misconduct must be substantiated with evidence. Failing to do so can result in costly compensation orders even when reinstatement isn't sought. The Commission considers the length of service when assessing compensation amounts.
What it means for employees
Employees who believe they have been unfairly dismissed should seek advice and consider applying to the Fair Work Commission. Even if mitigation efforts are not perfect, it doesn’t necessarily preclude a positive outcome in an unfair dismissal claim.
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