Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, on the hearing
of a claim under section 35C(1)(a)(i), the Tribunal is satisfied that an
employer or a prospective employer has contravened section 35A, the
Tribunal may —
(a) in
the case of an employer, order the employer —
(i)
to reinstate the claimant if the claimant was dismissed
from employment;
(ii)
to pay to the claimant such sum of money as the Tribunal
considers adequate as compensation for loss of employment or loss of earnings;
or
(iii)
both to reinstate the claimant and to pay the claimant
the sum of money referred to in subparagraph (ii),
as the Tribunal thinks
fit; or
(b) in
the case of a prospective employer, order that person to pay the claimant such
sum of money as the Tribunal thinks fit.
(2) If, on the hearing
of a claim under section 35C(1)(a)(ii), the Tribunal is satisfied that a
principal has contravened section 35B, the Tribunal may order the
principal to pay the claimant such sum of money as the Tribunal thinks fit.
(3) In determining a
claim under section 35C(1)(a)(i) the Tribunal may make any order of the
kind mentioned in section 23A(3), (4) and (5)(a) of the
Industrial Relations Act 1979 as if the claim were a claim to which
section 23A of that Act applies.
(4) In the
determination of the amount of compensation for any loss of employment, loss
of earnings or detriment —
(a) the
Tribunal is to have regard to any redress the claimant has obtained under
another enactment; and
(b) the
claimant is not entitled to compensation both under this section and otherwise
for the same loss of employment, loss of earnings or detriment.
[Section 35D inserted by No. 51 of 2004
s. 49.]
[Heading inserted by No. 51 of 2004
s. 50.]