The Fair Work Commission (the “FWC”) recently considered the COVID-19 environment to be a relevant factor when awarding compensation to an Applicant who had been unfairly dismissed. DP Boyce referred to the impact of COVID-19 on the job market when determining whether the Applicant had made efforts to mitigate his loss.
Background
The Applicant was employed from 5 February 2019 as a Clerk in the Sea Freight division of Bollore Logistics Australia Pty Ltd (“BLA”). He was advised soon after starting with BLA that he was to take over the supervisor role. His evidence was that he received minimal training and BLA had no written manuals or procedures.
After completing his probationary period, the Applicant raised his concerns about the lack of relevant training for the supervisor role. The Applicant said that after raising these concerns, he was treated differently. He was issued with a first warning letter on 15 October 2019 following what were termed as “unacceptable mistakes.”
