Reinstatement as the primary remedy

The importance of reinstatement as the Fair Work Commission’s primary remedy for unfair dismissal, and the circumstances in which a dismissal might be regarded as unfair even though there was a valid reason for the dismissal are at the centre of Challinger v JBS Australia Pty Ltd (2014) FWC 7963 delivered on 15 December 2014. Reinstatement was ordered even though the Commissioner had “reservations” after the company lead late evidence that while waiting for the decision the applicant had abused the company at a hotel.