(d) Any unreasonable refusal by the employer to allow the person to have a support person present to assist in any discussions relating to dismissal
[62] This consideration will only be relevant where an employee seeks to have a support person present to assist in discussions in relation to dismissal and the employer refuses. The evidence does not establish that the Applicant requested a support person for the meeting on 13 March 2022. This is therefore a neutral consideration.
(e) Was the Applicant warned about unsatisfactory performance before dismissal
[63] The evidence does not support a conclusion that the Applicant was given a warning about her performance.
(f) The degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal
[64] Whilst I have not been satisfied that the Respondent is a small business for the purposes of the Act, the employer is of a size that it is likely this impacted on the procedures followed in effecting the dismissal.
(g) The degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal
[65] The Respondent does not appear to have dedicated human resource management specialists, and this is likely to have had an impact on the procedures followed in effecting the dismissal.
(h) Any other matters that the FWC considers relevant
[66] At the time of termination, the Applicant was undergoing a fertility program and Ms Wang was aware of this. The termination has had a significant financial impact on the Applicant which has impacted on her ability to continue with the program and has also caused her financial hardship.
REMEDY
[67] The Applicant has made clear she does not seek reinstatement and in all of the circumstances of this case I am satisfied reinstatement would not be an appropriate remedy.
[68] Section 390(3)(b) of the Act provides that the Commission may only issue an order for compensation if it is appropriate in all the circumstances. Compensation as a remedy is designed to compensate an unfairly dismissed employee, in lieu of reinstatement, for losses reasonably attributable to the unfair dismissal, within the bounds of the statutory cap on compensation that is to be applied.[2]
[69] I must determine whether an order for compensation is appropriate.
