Unfair Dismissal Compensation Estimator
This is an unfair dismissal compensation estimator for the Fair Work Commission. It applies the Sprigg formula factors under s 392 of the Fair Work Act 2009 (Cth) — remuneration lost, mitigation, misconduct, contingencies — capped at the lesser of 26 weeks’ pay or half the high income threshold. Reinstatement is the primary remedy; compensation is in lieu.
What this calculator does
Where the Fair Work Commission finds a dismissal was harsh, unjust, or unreasonable and reinstatement is inappropriate, it can order compensation under s 392. The amount is calculated using the Sprigg v Paul’s Licensed Festival Supermarket framework. This estimator applies those factors to produce an indicative compensation figure for scoping a claim or response.
Legal basis
Unfair dismissal remedies sit under Part 3-2 of the Fair Work Act 2009 (Cth). Compensation is governed by s 392, with the cap in s 392(5) — the lesser of 26 weeks of the employee’s wage or half the high income threshold. The Sprigg framework derives from Sprigg v Paul’s Licensed Festival Supermarket (1998) 88 IR 21.
How the calculation works
Sprigg framework: (1) estimate remuneration the employee would have received but for dismissal (weekly pay × anticipated remaining weeks), (2) deduct mitigation earnings, (3) apply misconduct discount, (4) apply contingencies discount for future uncertainties, (5) apply the s 392(5) cap — lesser of 26 weeks of the employee’s wage or half the high income threshold. Compensation is for economic loss only — no compensation for shock, distress, or humiliation (s 392(4)).
Interactive calculator coming soon
For an employee on $2,000/week dismissed with 26 weeks of anticipated further service, $0 mitigation earnings, 0% misconduct discount, 10% contingencies discount, and no cap bite, estimated compensation is roughly $46,800 (before tax).
In the meantime, use the worked example above to validate your figures and confirm the final amount with the relevant revenue office or authority before relying on it in a matter.
Start free trialWhat you fill in
- Ordinary weekly pay (AUD) (currency): Must be a positive number
- Anticipated remaining service if not dismissed (weeks) (number): 0–260
- Earnings from alternative employment since dismissal (AUD) (currency): Must be ≥ 0
- Misconduct discount (%) (number): 0–100
- Contingencies discount (%) (number): 0–50
- Subject to the high income threshold cap? (select): Required
Limitations
- Does not determine whether the dismissal was harsh, unjust, or unreasonable — that is the merits question
- Does not model reinstatement with lost pay orders (the primary remedy under s 391)
- Does not apply taxation treatment to the final amount
- Cannot model the Commission’s discretion on contingencies, which varies widely
- Does not calculate whether the employee is a person protected from unfair dismissal (service threshold, high income threshold, modern award coverage)
What to do next
If you are contemplating an F2 application, note the 21-day lodgement deadline from the date the dismissal took effect (s 394(2)). For employers responding to an F2, a response is due within 7 days. Both sides should speak with an employment lawyer. Quillio summarises evidence packs, response submissions, and conciliation briefs in minutes — see /practice-areas/employment-lawyers.
Calculator FAQs
Is reinstatement the default remedy?
Yes — under s 391 reinstatement is the primary remedy. Compensation under s 392 only applies where reinstatement is inappropriate.
What is the compensation cap?
Under s 392(5), compensation is capped at the lesser of 26 weeks of the employee’s wage or half the high income threshold (which is indexed annually — confirm the current figure with the FWC).
Can I get compensation for distress?
No — s 392(4) expressly excludes compensation for shock, distress, or humiliation caused by the dismissal. Compensation under s 392 is limited to economic loss.
How is the Sprigg framework applied?
Sprigg v Paul’s Licensed Festival Supermarket (1998) 88 IR 21 sets out the step-wise approach that the Commission applies. The calculator replicates those steps.
What is the lodgement deadline?
Under s 394(2), an application must be lodged with the Commission within 21 days of the dismissal taking effect. Extensions under s 394(3) are rare.
Is this legal advice?
No — it is a scoping estimator. The merits question (whether the dismissal was harsh, unjust, or unreasonable) is separate and requires legal analysis.
Does the estimator apply to general protections claims?
No — general protections claims under Part 3-1 have a different remedies regime. Use this estimator only for unfair dismissal matters under Part 3-2.
Get help with the matter
For employment lawyers, Quillio accelerates unfair dismissal matters on both sides — F2 application drafting, employer responses, evidence pack review, and conciliation submission outlines. See /practice-areas/employment-lawyers.
This calculator is a scoping estimate only. Unfair dismissal compensation is discretionary and the Commission applies the Sprigg framework to the evidence before it. Seek legal advice before lodging an F2 application or a response.
Quillio handles the next steps.
The calculator gives you the number. Quillio handles the rest of the matter — drafting, review, research, and correspondence. The free trial requires no credit card.
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