The Fair Work Commission must order reinstatement unless it is not feasible (in practice, reinstatement is rarely granted) and/or is compensated within the limit of six (6) monthly wages. The laid-off worker has a duty to reduce his loss, that is, he must try to find another job and not just sit down and wait for the unfair negotiation of the layoffs. The Fair Work Commission may reduce the amount allocated to the worker if it believes that the employee has made no effort to find another job. The most important thing to remember is that an application for reinstatement/compensation must be filed with the Fair Work Commission register no later than 21 days after the termination of the employment relationship. There are very strict rules for time extensions and extensions are only granted in exceptional cases. First, an unjustified termination application is considered, which was filed within 21 days of termination. If this is not the case, an objection may be made against the application. If a worker feels that he or she has not been paid for all his rights when his employment ends, the Ombudsman for fair work can investigate and take steps to ensure that all claims are paid. The termination of an employment contract by contract of mutual dismissal is not a condition that triggers the right to unemployment insurance under Law 4447 on unemployment insurance.

Finally, I would like to say that workers must be explicitly informed before reciprocal redundancy agreements have been concluded and that the mutual and common intentions of workers must be demonstrated in order to reduce the risk of further challenge to the invalid effects of the agreement. Reciprocal termination agreements must be concluded in writing and the principle of a “reasonable benefit” must be taken into account with respect to the rights to be granted to the worker. In particular, the granting of certain material benefits, in addition to ordinary legal compensation, is of crucial importance for the presentation of the principle of “reasonable benefit”. A dismissed employee is required to reduce damages. This means that they must take appropriate steps to find another job of the same nature. All worker`s income is taken into account in assessing financial harm. Bonuses may indicate other situations in which severance pay does not apply to the termination of an employee`s employment. Commonwealth labour laws have rules to end employment. These rules determine whether the termination of the employment relationship is illegal or unfair, what are the rights of a worker at the end of his employment and what to do when a worker is dismissed for dismissal. The Fair Work Commission will verify that the dismissal was procedurally and materially fair. From a procedural point of view, it is important to know whether the worker has benefited from procedural fairness, i.e. whether an employee has been the subject of sufficiently detailed allegations, whether the worker has been allowed to respond appropriately, and whether the response was taken into account before making a decision on dismissal.

In addition to whether a dismissal was in accordance with the procedure, the Commission will consider whether the dismissal was materially reasonable, i.e., that.dem worker could have been considered fair, but the decision to dismiss himself was, in the present circumstances, unfair or not, or a sentence less than that of dismissal would have been more appropriate. For contractual purposes, frustration describes a situation in which a contract cannot be executed due to unforeseen circumstances. Frustration can be fundamental to the termination of a contract as long as neither party is the source of the frustration and neither party has been able to anticipate frustration.