See Fair Work Act 2009 s.392(2)(g)
The Fair Work Commission can consider any other factors that it deems relevant to the consideration of ordering compensation for an unfair dismissal.
See Fair Work Act s.392(3)
If the Commission finds that an employee’s misconduct contributed to their dismissal, the Commission must reduce the amount of compensation by an appropriate amount.
Misconduct after the dismissal may be taken into account in assessing remedy.
Misconduct may involve:
See Fair Work Act s.392(4)
The Commission can only make an order to compensate for lost remuneration.
The amount cannot include an element for shock, distress or humiliation (or any other similar hurt) caused by the manner of the employee’s dismissal.
This reflects the common law position that shock, distress or humiliation resulting from dismissal is not compensable.
 Fair Work Act s.392(2)(g).
 Fair Work Act s.392(3).
 Robat v Iveco Trucks Australia Ltd  FWA 2915 (Lewin C, 16 May 2011) at para. 64.
 Fair Work Act s.392(4).