WORKPLACE RELATIONS ACT 1996 - SECT 665 Orders available to courts
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 665
Orders available to courts(1) If the Court is satisfied that an employer has contravened section 659 in relation to the termination of employment of an employee, the Court may make one or more of the following orders:
(a) an order imposing on the employer a penalty of not more than $10,000;
(b) an order requiring the employer to reinstate the employee;
(c) subject to subsections (2), (3), (4) and (5), an order requiring the employer to pay to the employee compensation of such amount as the Court thinks appropriate;
(d) any other order that the Court thinks necessary to remedy the effect of such a termination;
(e) any other consequential orders.
(2) An amount of compensation ordered by the Court under paragraph (1)(c) or (d) to be paid to an employee may not include a component by way of compensation for shock, distress or humiliation, or other analogous hurt, caused to the employee by the manner of terminating the employee's employment.
(3) In fixing an amount under paragraph (1)(c) for an employee who was employed under award‑derived conditions immediately before the termination, the Court must not fix an amount that exceeds the total of the following amounts:
(a) the total amount of remuneration:
(i) received by the employee; or
(ii) to which the employee was entitled;
(whichever is higher) for any period of employment with the employer during the period of 6 months immediately before the termination (other than any period of leave without full pay); and
(b) if the employee was on leave without pay or without full pay while so employed during any part of that period--the amount of remuneration taken to have been received by the employee for the period of leave in accordance with the regulations.
(4) In fixing an amount under paragraph (1)(c) for an employee who was not employed under award‑derived conditions immediately before the termination, the Court must not fix an amount that exceeds:
(a) the total of the amounts determined under subsection (3) if the employee were an employee covered by the subsection; or
(b) the amount of $32,000, as indexed from time to time in accordance with a formula prescribed by the regulations;
whichever is the lower amount.
(5) For the avoidance of doubt, an order by the Court under paragraph (1)(c) or (d) may permit the employer concerned to pay the amount required in instalments specified in the order.
(6) If the Court is satisfied that an employer has contravened section 660 in relation to a decision to terminate the employment of employees, the Court may make either or both of the following orders:
(a) an order imposing on the employer a penalty of not more than $1,000;
(b) an order requiring the employer not to terminate the employment of employees pursuant to the decision, except as permitted by the order.
(7) Subject to subsection (8), if a court to which an application is made under subsection 663(2) or (3) is satisfied that an employer has contravened section 661 in relation to the termination of the employment of an employee, that court may make an order requiring the employer to pay to the employee an amount of damages equal to the amount which, if it had been paid by the employer to the employee when the employment was terminated, would have resulted in the employer not contravening that section.
(8) If the Commission has made an order under subsection 654(4) requiring the employer to pay to the employee an amount in respect of the remuneration lost, or likely to have been lost, by the employee because of the termination, an order under subsection (7) of this section must not be made.
(9) A court to which an application is made under section 663 must not grant an injunction in respect of a proposed contravention of section 659, 660 or 661.
Note: As well as the remedies provided in this Subdivision for contravention of section 659, 660 or 661, there are provisions in other parts of the Act that relate, in part, to termination of employment. See, in particular, sections 448 and 792.