the Applicant v The University of Melbourne
At a glance
- 1
What happened
the Applicant was dismissed from her position as a tenured professor and director of the Williams Centre for Learning Advancement at The University of Melbourne on February 5, 2025, following allegations of inappropriate behavior. She received approximately six months' pay in lieu of notice. Deputy President Masson initially found the dismissal unfair and ordered reinstatement. the Applicant appealed this decision, specifically challenging the Deputy President’s refusal to order compensation for lost remuneration under s 391(3) of the Fair Work Act.
What was decided
The Full Bench allowed the Applicant's appeal on a question of fact. They found that the Deputy President made a significant error by concluding she had not attempted to mitigate her loss, when she had applied for several jobs. The bench noted she received six months’ pay in lieu of notice and hadn't demonstrated efforts to find alternative employment, justifying her inaction based on preparing her unfair dismissal case. However, they acknowledged the Deputy President’s factual error regarding her mitigation efforts.
What it means for employers
Employers must ensure thorough documentation and accurate assessment of employee efforts to mitigate losses when considering compensation orders following an unfair dismissal finding. Failing to properly consider evidence can lead to appeals being successful, potentially increasing costs and reputational risk.
What it means for employees
Employees who experience unfair dismissal should document any attempts to find alternative employment, even if unsuccessful, as this is relevant when seeking compensation for lost remuneration. Evidence of job applications or other mitigation efforts can strengthen a claim.
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