Orders for reinstatement, re-employment, remuneration, compensation
89 Orders for reinstatement, re-employment, remuneration, compensation
(1) Reinstatement The Commission may order the employer to reinstate the
applicant in his or her former position on terms not less favourable to the
applicant than those that would have been applicable if the applicant had not
been dismissed.
(2) Re-employment If the Commission considers that it would
be impracticable to reinstate the applicant, the Commission may order the
employer to re-employ the applicant in another position that the employer has
available and that, in the Commission's opinion, is suitable.
(3)
Remuneration If the Commission orders reinstatement or re-employment, it may
order the employer to pay to the applicant an amount stated in the order that
does not exceed the remuneration the applicant would, but for being dismissed,
have received before being reinstated or re-employed in accordance with the
order.
(4) Continuity If the Commission orders reinstatement or
re-employment, it may order that the period of employment of the applicant
with the employer is taken not to have been broken by the dismissal.
(5)
Compensation If the Commission considers that it would be impracticable to
make an order for reinstatement or re-employment, the Commission may order the
employer to pay to the applicant an amount of compensation not exceeding the
amount of remuneration of the applicant during the period of 6 months
immediately before being dismissed. If the applicant was on leave without full
pay during any part of that period, the maximum amount of compensation is to
be determined as if the applicant had received full pay while on leave.
(6)
When assessing any compensation payable, the Commission is to take into
account whether the applicant made a reasonable attempt to find alternative
employment and the remuneration received in alternative employment, or that
would have been payable if the applicant had succeeded in obtaining
alternative employment.
(7) Threat of dismissal In determining a claim
relating to a threat of dismissal, the Commission may order the employer not
to dismiss the employee in accordance with that threat.
(8) An order under
this section may be made on such terms and conditions as the Commission
determines.
