Jetstar Airways Pty Ltd v Neeteson-Lemkes

The Fair Work Commission Full Bench heard an appeal by Jetstar Airways Pty Limited against a decision by Commissioner McKenna to reinstate Monique Neeteson-Lemkes to her former employment as a flight attendant. In the initial decision, the Commissioner had found that Ms Neeteson-Lemkes' dismissal was harsh, unjust, and unreasonable. The Full Bench, however, quashed the reinstatement order and ordered that the matter be re-determined. The primary legal issue before the Full Bench was whether Ms Neeteson-Lemkes was entitled to compensation for her unfair dismissal, rather than reinstatement, and if so, how much compensation should be awarded.

The Full Bench found that Ms Neeteson-Lemkes' dismissal was unfair because she was not given a proper opportunity to respond to the medical reports that formed the basis of her dismissal. The evidence demonstrated that had she been given this opportunity, it was likely Jetstar would have reconsidered its position and not dismissed her. The Full Bench further found that Ms Neeteson-Lemkes had suffered pecuniary loss as a result of her dismissal, as she had been unable to return to work as a flight attendant and had been underemployed or unemployed since the dismissal. The Full Bench calculated the compensation amount by taking into account the lost remuneration, other earnings, and a reduction for mitigation efforts. The Full Bench concluded that Jetstar should pay Ms Neeteson-Lemkes $36,298.00 as compensation for her unfair dismissal, an amount that was below the statutory compensation cap.

The Full Bench ordered Jetstar to pay Ms Neeteson-Lemkes $36,298.00 as compensation for her unfair dismissal within 21 days of the decision. The Full Bench considered that this amount was appropriate in all the circumstances of the case, taking into account the various factors outlined in the Fair Work Act 2009. The Full Bench did not consider it necessary to order payment by instalments or to make any adjustments for viability, length of service, or misconduct. The Full Bench's decision provides guidance on the assessment of compensation in unfair dismissal cases and the importance of considering all relevant factors when determining an appropriate amount.