Reinstatement must be unqualified

In Cartisano v Sportsmed SA Hospitals Pty Ltd (2015) FWCFB 1523 a Full Bench of the Fair Work Commission rule that, as a matter of jurisdiction, the Commission’s reinstatement powers for unfair dismissal may not be used to order reinstatement with conditions or qualifications. Accordingly, where, for whatever reason the Commission is not minded to order full unqualified reinstatement, it cannot remedy the unfair dismissal except by compensation.

 

See Ms RT v The School  (2015) FWC 2927 per O’Callaghan SDP delivered 6 May 2015