Destro and Telstra Corporation Limited (Compensation)

This matter concerned a dispute between Mr Destro and Telstra Corporation Limited regarding the calculation of compensation entitlements. The case came before Deputy President Britten-Jones of the Tribunal.

The primary legal issues before the Tribunal were whether the "AE" (actual earnings) amount should be calculated by reference to actual weekly earnings or an averaging process, and whether this amount should be reduced by Goods and Services Tax (GST) and other expenses. Additionally, the Tribunal was required to consider whether Mr Destro had failed to seek suitable alternative employment.

The Tribunal determined that, as a matter of law, the AE amount should be actual earnings less GST and expenses. However, the parties agreed that due to practical difficulties in proving expenses, the AE should be calculated based on the amounts specified in invoices, excluding GST, effectively assuming expenses were nil. The Tribunal also noted that the reconsideration officer had used inaccurate normal weekly earnings (NWE) figures and that there was insufficient evidence to determine the number of hours worked or to calculate the relevant adjustment percentage under s 19(3) of the SRC Act, or to determine certain components required for calculation under s 21 of the SRC Act.

Consequently, the Tribunal set aside the reviewable decision and remitted the matter to the respondent for reconsideration. This reconsideration is to include the quantification of Mr Destro's entitlements to weekly payments for the specified period, taking into account the agreed approach to AE calculations and the determination of various statutory components. The respondent was also ordered to pay Mr Destro's costs.