Section 392(2)(c) - remuneration that the Applicant would have received, or would have been likely to receive
[70] Whilst there was some strain on the employment relationship at the time of termination because of the state of the relationship between Ms Wang and the Applicant, there appears to have been no evidence that there were any concerns with the Applicant's performance. Mr Chen made clear in the written material submitted for the Respondent that he did not have an issue with the Applicant's performance and in fact it seems instructed Ms Wang to attempt to resolve the issue with the Applicant on 20 March, although it is clear from the evidence Ms Wang did not make an offer for the Applicant to be reemployed in her former role, but instead proposed that she could pursue a different job at a different entity as set out above.
[71] Had the Applicant not been dismissed by the Respondent, I am inclined to the view that the employment relationship would have been likely to last at least another three months.
[72] On the basis of the limited evidence before the Commission, the Applicant's income appeared to vary from week to week. On the basis of that limited evidence including payslips provided, I have estimated that the Applicant would have been likely to earn at least in the order of $1102 per week gross before tax based on $29 per hour multiplied by 38 hours a week. $1102 multiplied by 13 weeks (3 months) equals $14,326.
Section 392(2)(e) - any remuneration during period between the dismissal and the making of the order for compensation and section 392(2)(f) - income reasonably likely to be so earned during the period between the making of the order for compensation and the actual
[73] I intend to deduct from that amount the gross earnings made from the Respondent after 13 March 2022 being the date of the termination. The additional payments were in the form of the additional casual shifts and sums paid as 'leave'. I have also assessed these as a gross sum being $1,044, $1102 and $906.25 totalling an amount of $3,052.25. Deducting this amount from $14,326 arrived at a figure of $11,273.75.
[74] The Applicant submitted that she started working at Koko Café and Bar on 11 April 2022, but after setting the venue up they changed their opening hours to Thursday to Sunday only and the owners decided to work the shifts they had her on, in an attempt to save on wages, given it was new business. The Applicant's last shift at Koko was 15 May 2022. A payslip provided by the Applicant indicates that she earned $4,813.95 from the Koko Café and Bar and this amount should be deducted from the assessed compensation. Deducting this amount from $11,273.75 arrives at a figure of $6,459.80.
[75] The Applicant submitted that she had received a full time offer of employment starting 27 May 2022. The earnings from this new employment are at least equivalent to the earnings in her former employment. This approximately coincides with 12 weeks after her termination and on that basis, given I assessed her likely period of employment had she not been dismissed to have been three months (13 weeks), it is appropriate to deduct another week from the order of compensation given the Applicant had commenced earning another source of income commensurate with her former income in the 12th week after her termination. Deducting
