This is how the Fair Work Commission’s unfair dismissal benchbook opens its text about the remedy of reinstatement unfair dismissal.
“Reinstatement
The Commission must determine if reinstatement is appropriate before considering any other remedy. It is not until the Commission is satisfied that reinstatement is inappropriate that compensation can be considered.542 What does an order for reinstatement mean? See Fair Work Act s.391 An order for reinstatement means that the employer must: • reappoint the person to the position in which they were employed immediately before the dismissal,543 or • appoint the person to another position with terms and conditions no less favourable than those on which the person was employed immediately before the dismissal.544 When ordering reinstatement the Commission does not have to specify a particular position. It can be left to the employer to choose the position and to comply with the order to provide terms and conditions that are no less favourable than those on which the person was employed immediately before their dismissal.545”