Monday, May 11, 2020
Remedies Available Free Essay Example, 3000 words
The Fair Work Act of 2009 actually provides two remedies for unfair dismissal. These are reinstatement and compensation. Of the two, reinstatement is the primary remedy available to an employee (Pickering, 2010). Under the statute, reinstatement can be done by reappointing the employee to his or her old position or appointing him or her to a new position (S. 391 (1)). Compensation, on the other hand, can be ordered if the employer chooses to pay compensation to the person instead of reinstatement (S. 392 (1)). In granting an award for compensation, the FWA must take into consideration all the circumstances of the case including the following: (1) viability of the employer s enterprise (2) length of the person s service (3) remuneration the person would have received (4) person s effort to mitigate the loss due to the dismissal (5) amount of remuneration earned by the person from the time of dismissal to the granting of the award for compensation (6) future loss of earnings a nd (7) any other matter that FWA considers relevant (S. 392 (2)). Shock, distress or humiliation and other analogous hurts must not be taken into account by FWA in determining the amount of compensation (S. 392 (4)). We will write a custom essay sample on Remedies Available or any topic specifically for you Only $17.96 $11.86/page It was cited that the applicant actually intended to continue her employment with the employer if it was not for the events leading up to her dismissal ( Jones vs. Zamel s Jewellers, 2010, para. 83).