Kelvin Walsh v Ambulance Victoria

[2014] FWC 2986

[2014] FWC 2986

FAIR WORK COMMISSION

AMENDED DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kelvin Walsh
v
Ambulance Victoria
(U2012/12308)

COMMISSIONER CRIBB MELBOURNE, 8 MAY 2014

Amending further decision in regard to remedy [2014] FWC 2351, issued 11/4/14 - correcting error in regard to compensation calculation.

[1] It has been brought to the Commission’s attention, by Mr Walsh’s representative, United Voice (the union), that there is an arithmetical error in paragraph 41 of the decision 1 issued in respect of the compensation payable to Mr Walsh. This view was confirmed by the respondent’s representative.

[2] On reviewing the figures set out in paragraph 41, it appears that the incorrect high income threshold was used. Instead of $61,650.00, the correct figure is $123,300.00. Half of this amount is then $61,650.00.

[3] Therefore, the calculations set out in paragraph 42 are also incorrect.

[4] The revised, correct calculations are, therefore, that in terms of the requirements of section 392(5) of the Fair Work Act 2009 (the Act), the lesser of the amount worked out under subsection (6) ($45,666.40 gross) and half of the amount of the high income threshold, immediately before the dismissal ($61,650.00 gross) is $45,666.40 (gross).

[5] As the amount of provisional compensation ($45,666.40 gross), calculated according to Sprigg v Paul Licensed Festival Supermarket 2 (Sprigg), is lower than the compensation cap ($61,650.00), calculated in accordance with section 392(5) of the Act, the amount of compensation to be ordered is $45,666.40 (gross).

[6] By an order 3 issued on 11 April 2014, the Commission directed that Ambulance Victoria pay to Mr Kevin Walsh the amount of $30, 825.00 (gross). As this amount was incorrect, a correction order4 will be issued requiring the payment of a total amount of $45,666.40. It is the Commission’s understanding that $30,825.00 (gross) has been paid to Mr Walsh. Therefore, as a result of issuing the correction order, an additional amount of $14,841.40 (gross) is to be paid to Mr Walsh.

 1   [2014] FWC 2351

 2 (1998) 88 IR 21

 3   PR549476

 4   PR550323

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