South Australian Numbered Acts South Australian Numbered Acts55—Amendment of section 109—Remedies for unfair dismissal from
employment
Section 109—after subsection (1) insert:
(1a) Re-employment is
to be regarded as the preferred remedy, and the Commission may only award an
alternative remedy if satisfied that there are cogent reasons to believe that
re-employment would not, in the circumstances of the particular case, be an
appropriate remedy.
(1b) However, the
Commission need not regard re-employment as the preferred remedy if the
position to which the applicant would be re-employed is in a business or
undertaking where, at the time of the Commission's decision on the
application, less than 50 employees are employed.