Not all compensation is part of the compensatory award

In many schedules of loss, there are a number of different items being claimed under the heading ‘Unfair Dismissal: Compensatory Award’ or just ‘Compensatory Award’.

Often this is right — you’re claiming loss of wages up to the hearing, future loss, loss of statutory rights, etc. These are all part of the compensatory award.

But the compensatory award is also used as handy place to put any amounts of money being sought — whether or not they have anything to do with the unfair dismissal claim. This is not right.

If, in addition to your unfair dismissal claim, you are bringing an unlawful deduction of wages claim (about unpaid wages in the weeks running up to dismissal) that is a separate claim. It’s not part of your unfair dismissal claim. So it should have its own heading on your schedule.

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