Reinstatement for unfair dismissal

Here is a brief statement from an unfair dismissal case in the Fair Work Comission which defines the concept of reinstatement for unfair dismissal.

“Ryan Wilks and its lawyers might benefit from some contemplation of the following extract from the High Court Judgement in Blackadder v Ramsey Butchering: 1

“To reinstate means to put back in place. In this context, it means that the employment situation, as it existed immediately before the termination, must be restored. It requires restoration of the terms and conditions of the employment in the broadest sense of those terms. It empowers the Commission to do more than restore the contract of employment. So far as practicable, the employee is to be given back his “job” at the same place and with the same duties, remuneration and working conditions as existed before the termination.” 2”

See Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks Proprietary Limited (2020) FWC 1067 delivered  28 February 2020 per Cambridge C