Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 321

321 Remedies—reinstatement or re-employment

(1) This section applies if the commission is satisfied an employee was unfairly dismissed.

(2) The commission may order the employer to reinstate the employee to the employee’s former position on conditions at least as favourable as the conditions on which the employee was employed immediately before dismissal.

(3) If the commission considers reinstatement would be impracticable, the commission may order the employer to re-employ the employee in another position that the employer has available and that the commission considers suitable.

(4) The commission may also—

(a) make an order it considers necessary to maintain the continuity of the employee’s employment or service; and

(b) order the employee to repay any amount paid to the employee by, or for, the employer on the dismissal; and

(c) order the employer to pay the employee the remuneration lost, or likely to have been lost, by the employee because of the dismissal, after taking into account any employment benefits or wages received by the employee since the dismissal.

(5) This section does not limit the commission’s power to make an interim or interlocutory order.